St. Louis Trust Co. v. American Real Estate & Investment Co.
Missouri Court of Appeals
Appeal from tbe the St. Louis City Circuit Court. — Hon.' Franklin Ferris, Judge. Plaintiff failed to comply with section 6138 of the Revised Statutes governing practice in justice courts, which provides that “before any process shall be issued in any suit the plaintiff shall file with the justice the instrument sued on, or a statement of the account, or of -the facts constituting the cause of action, upon which the suit is founded.” Olin v. Zeigler, 46 Mo. App. 193; Ins.
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Appeal from tbe the St. Louis City Circuit Court. — Hon.' Franklin Ferris, Judge. Plaintiff failed to comply with section 6138 of the Revised Statutes governing practice in justice courts, which provides that “before any process shall be issued in any suit the plaintiff shall file with the justice the instrument sued on, or a statement of the account, or of -the facts constituting the cause of action, upon which the suit is founded.” Olin v. Zeigler, 46 Mo. App. 193; Ins. Co. v. Foster, 56 Mo. App. 197. The extension agreement was without consideration and void. Parker v. Johnson, 32 N. J.…
1Opinion of the CourtBond, J.
This suit was begun before a justice for the second instalment due upon a contract of subscription executed by defendant in the following terms: “$1,000. St. Louis, Mo., June 7th, 1895.
“In consideration of the benefits and advantages accruing from the construction and operation of the railroad of the St. Louis and Kirkwood Railroad Company, I do hereby promise and agree to pay to the St. Louis Trust Company, the sum of one thousand dollars.
*262“One-third of said amount to be paid thirty days after the road is completed and in operation from St. Louis to Meramec Highlands.
“One-third to be paid one…
2Cases cited2 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Dowdy v. WambleSupreme Court of Missouri · 1892
3Cited by8 opinions
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Keyes & Watkins Livery Co. v. FreberMissouri Court of Appeals · 1903
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- Dalton v. United Railways Co.Missouri Court of Appeals · 1908
- Head v. PowellMissouri Court of Appeals · 1922
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