Citizens Bank v. Martin
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The party cannot raise the defense of the Statute of Frauds where he has not pleaded it. Scliarrff v. Klein, 27 Mo. App. 549; Hobart v. Murry, 54 Mo. App. 249: Hackworth v. Zeitinger, 48'Mo. App. 32. (2) The objection to the contract that it is within the Statute of Frauds cannot be raised by demurrer.
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Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The party cannot raise the defense of the Statute of Frauds where he has not pleaded it. Scliarrff v. Klein, 27 Mo. App. 549; Hobart v. Murry, 54 Mo. App. 249: Hackworth v. Zeitinger, 48'Mo. App. 32. (2) The objection to the contract that it is within the Statute of Frauds cannot be raised by demurrer. Sherwood v. Sexton, 63 Mo. 78. (3) The statute only applies to promises made to the creditor and not to promises made to the debtor by the creditor. Howard v. Coshow, 33 Mo. 118; Green v. Estes, 82 Mo. 337. (4) We do not see any…
1Opinion of the Court
FAEEINGrTON, j.
This action was instituted on July 5, 1912, in the circuit court of Howell county. The petition declared on two promissory notes filed therewith, one dated November 11,1911, due sixty days after date, for $1200, with interest at eight per cent, signed by P. M. Martin, with credits thereon which reduced the prinicpal to $367.46, and the other dated February 1, 1912, due one day after date, for $710.97., with interest at eight per cent, signed by P. M. Martin and Lulie Martin.
On the twelfth day of August, 1912, at the July term of the court, a default judgment was entered which…
2Cases cited12 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Parks v. CoyneMissouri Court of Appeals · 1911
- Scott v. SmithSupreme Court of Missouri · 1896
- Colter v. LukeMissouri Court of Appeals · 1908
- Kessler v. ClayesMissouri Court of Appeals · 1910
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3Cited by3 opinions
- Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
- John O'Brien Boiler Works Co. v. Home, Brewing & Ice Co.Missouri Court of Appeals · 1915
- Moore v. DawsonMissouri Court of Appeals · 1922