Collins v. Trotter
Supreme Court of Missouri
Appeal from Carroll Circuit Court.—Hon. E. J. Broaddus, Judge, The reply simply denies all the material allegations of the answer, and is a nullity. The allegations of the answer, therefore, stand admitted, and judgment should be for defendants on the pleadings.
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Appeal from Carroll Circuit Court.—Hon. E. J. Broaddus, Judge, The reply simply denies all the material allegations of the answer, and is a nullity. The allegations of the answer, therefore, stand admitted, and judgment should be for defendants on the pleadings. R. S. 1879, § 3525 ; Edmonson v. Phillips, 73 Mo. 57. It was admitted on trial that defendants J. N. and J. E. Trotter were mutes, and had been from infancy, and were prima fade of unsound mind, and Revised Statutes 1879, section 3653, providing that certain instruments may be read in evidence unless denied under oath, does not apply…
1Opinion of the CourtSherwood, J.
I. Action on a promissory note for the sum Of $500, dated June 29th, 1878, made payable on the “first day of March,” without mentioning the year. Objectioxx is taken to the note on account of this supposed ambiguity. The objection is not well taken. Such an instrument is payable oix demand. 1 Daniel Neg. Inst., § 599. *279Such, an instiument is regarded in the same light as one where the time of payment is left blank, or no time is specified, in which case on demand is understood, lb., § 88. And suit brought on such a note is a sufficient demand. And the petition alleges that the note had become…
Also in this document: Concurrence.
2Cases cited9 opinions
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Turner v. JenkinsIllinois Supreme Court · 1875
- Revely v. SkinnerSupreme Court of Missouri · 1862
- Wood v. TruaxMichigan Supreme Court · 1878
- Litchfield v. BurwellNew York Supreme Court · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Missouri Pacific Railway Co. v. LascaSupreme Court of Kansas · 1909
- Wright v. JonesTexas Commission of Appeals · 1932
- Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
- Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
22 more not listed; retrieve them via the Exa API.