Mechanics' Bank v. Klein
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action brought by the Mechanics’ Bank, based on a lease alleged to have been executed on the 15th day of November, 1858, whereby said bank leased to Charles De Wald, Philip Klein, and Constant Schnerr, certain premises in the city of St. Louis, being the basement story of the building situated on the southwest corner of Third and Chesnut streets ; that among other things the said DeWald, Klein and Schnerr covenanted to pay…
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Appeal from St. Louis Circuit Court. This was an action brought by the Mechanics’ Bank, based on a lease alleged to have been executed on the 15th day of November, 1858, whereby said bank leased to Charles De Wald, Philip Klein, and Constant Schnerr, certain premises in the city of St. Louis, being the basement story of the building situated on the southwest corner of Third and Chesnut streets ; that among other things the said DeWald, Klein and Schnerr covenanted to pay plaintiff for said premises an annual rent of eight hundred dollars, that is to say, two hundred dollars on the first day…
1Opinion of the CourtDryden, Judge
The answer in this case did not contain the shadow of a defence. It denied no material allegation of the petition, nor did it set up any new matter in avoidance, and the court, therefore, committed no error in sustaining the plaintiff’s motion for judgment. But, aside from the merits, the judgment is obliged to be affirmed, for the reason that no exception whatever is saved or attempted to be saved.
Let the judgment be affirmed, with ten per cent, damages.
The other judges concur.
2Cited by5 opinions
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
- Godfrey v. GodfreySupreme Court of Missouri · 1910
- Hodson v. McAnerneyMissouri Court of Appeals · 1912
- State ex rel. Mosberg v. OwensMissouri Court of Appeals · 1918