First National Bank v. Landis
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.- — Hon. J. M. Slover, Judge. Statement of the case by the court. This is an action upon a promissory note.
Read the full summary
Appeal from the Jackson Circuit Court.- — Hon. J. M. Slover, Judge. Statement of the case by the court. This is an action upon a promissory note. The petition is as follows, leaving out the mere formal allegations : “Plaintiff, for its cause of action, states that on the twenty-fifth day of January, 1888, that said Landis, under and by the name of J. K. Landis, made his certain promissory note, whereby for value received he promised to pay to the order of said First National Bank of Kansas City, Missouri, the plaintiff herein, at its office, the sum of twelve hundred dollars with interest…
1Opinion of the Court
Gill, J,
Counsel for appellant Behney, for reversal of this cause, relies on two points, to-wit:(1) That the petition states no cause of action against defendant Behney, and (2) that judgment was improperly rendered against both Landis and Behney upon a verdict which was against one alone.
I. In determining the sufficiency of a petition under our code, we look to the allegations of fact therein contained ; and if these matters alleged in the petition, admitting them to be true, impose a liability on the.defendant,'the petition is not demurrable. The varied forms of action of the common law have…
2Cases cited6 opinions
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Wills v. WillsIndiana Supreme Court · 1870
- Moore v. Platte CountySupreme Court of Missouri · 1844
- Conley v. DoyleSupreme Court of Missouri · 1872
- Cropsey v. SweeneyNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hammett v. TrueworthyMissouri Court of Appeals · 1892
- Bick v. ClarkMissouri Court of Appeals · 1908
- Colburn & Hamilton v. Brunswick Flour Co.Missouri Court of Appeals · 1892
- Bick v. YatesMissouri Court of Appeals · 1909
- Globe Light & Heat Co. v. DoudMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.