Edgell v. Sigerson
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action commenced in January, 1854, upon a note dated October 1, 1848, expressed on its face to bear interest from date, payable annually.- The petition stated that the plaintiff, in 1852, had commenced a suit against the defendant to recover the instalments of interest then due, in which the defendant had pleaded that the clause in the note specifying that interest was payable annually had been inserted after its…
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Appeal from St. Louis Court of Common Pleas. This was an action commenced in January, 1854, upon a note dated October 1, 1848, expressed on its face to bear interest from date, payable annually.- The petition stated that the plaintiff, in 1852, had commenced a suit against the defendant to recover the instalments of interest then due, in which the defendant had pleaded that the clause in the note specifying that interest was payable annually had been inserted after its execution without his knowledge, authority or consent, and that the plaintiff had recovered a judgment in that suit. This…
1Opinion of the Court
Leonard, Judge,
delivered tbe opinion of tbe court.
1. This judgment must be reversed for the error of tbe court in pronouncing against tbe defendant as for want of an answer.
Without stopping to settle the propriety (which is certainly very questionable) of tbe mode of pleading adopted by. tbe plaintiff on tbe present occasion, in order to avail himself of tbe alleged estoppel by reason of tbe judgment, it is enough that tbe answer contains sufficient matter to avoid tbe estoppel-
*496In disregarding the answer, the court below appears to have gone upon the idea that, under the new system of…
2Cases cited2 opinions
- Pemberton v. StaplesSupreme Court of Missouri · 1839
- Bellissime v. M'CoySupreme Court of Missouri · 1823
3Cited by7 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Nichols v. StevensSupreme Court of Missouri · 1894
- Clough v. HoldenSupreme Court of Missouri · 1893
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1886
- Wagoner v. WagonerSupreme Court of Missouri · 1921
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