Robbins v. Estate of Robbins
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. G. A. W-urdeman, Judge. (1) The alleged note sued on in this case being payable to several payees in the alternative (and undefined payees at that, as the word family has no definite limitations), was void. A bill is void for uncertainty of the payee, not only as a bill, but as a contract, upon the ground of utter uncertainty of the person with whom the contract is made.
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Appeal from St. Louis County Circuit Court. — Hon. G. A. W-urdeman, Judge. (1) The alleged note sued on in this case being payable to several payees in the alternative (and undefined payees at that, as the word family has no definite limitations), was void. A bill is void for uncertainty of the payee, not only as a bill, but as a contract, upon the ground of utter uncertainty of the person with whom the contract is made. Story on Bills (4 Ed.), sec. 54, p. 66; Musselman v. Oakes, 19 111. 81; Story on Promissory Notes (2 Ed.), p. 39. This rule prevails in the State of Illinois, where the note…
1Opinion of the CourtNortoni, J.
This suit originated in the probate court, through the filing of a demand. for allowance against the estate of a deceased person. It found its way to the circuit court on appeal, where the finding and judgment were for plaintiff. From this judgment the appeal here is prosecuted.
*612The demand so filed against the estate and in judgment is as follows:
“$106 “St. Louis, Aug. 9, 1903.
On demand after death I promise to pay to the order of E. M. Robbins or family one hundred dollars, payable at ... .
Yalue received in board from time to time from 1892 to time of death, negotiable and .payable without…
2Cases cited7 opinions
- Watkins v. DonnellySupreme Court of Missouri · 1885
- Tenny's Adminstrator v. Lasley's AdministratorsSupreme Court of Missouri · 1883
- Maze v. BairdMissouri Court of Appeals · 1901
- Collyer v. CookIndiana Court of Appeals · 1902
- Musselman v. OakesIllinois Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hunt v. DallmeyerMissouri Court of Appeals · 1974
- Green v. WhaleySupreme Court of Missouri · 1917
- Kansas City Life Insurance v. RaineySupreme Court of Missouri · 1944
- Patterson v. ChapmanCalifornia Supreme Court · 1918
- Exchange Nat. Bank of Tampa v. BryanSupreme Court of Florida · 1936
4 more not listed; retrieve them via the Exa API.