Roberts v. Neale
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Eon. Earns L. Moore, Special Judge. (1) Plaintiff’s petition does not contain the proper subject-matter of an action on an open account.; but alleges payments on a debt after the debt had been paid off and extinguished. Plaintiff’s petition should have been held insufficient in not stating a cause of action; and defendant’s motion in the form of a demurrer to strike out should have been sustained.
Read the full summary
Appeal from Clay Circuit Court. — Eon. Earns L. Moore, Special Judge. (1) Plaintiff’s petition does not contain the proper subject-matter of an action on an open account.; but alleges payments on a debt after the debt had been paid off and extinguished. Plaintiff’s petition should have been held insufficient in not stating a cause of action; and defendant’s motion in the form of a demurrer to strike out should have been sustained. R. S. 1899, sec. 630; R. S. 1899, sec. 597. (2) Plaintiff’s petition failed to set out each alleged overpayment, mentioned in his petition as separate counts or…
1Opinion of the CourtEllison, J.
This action arose on account of certain alleged over-payments on a promissory note. The judgment in the trial court was for the plaintiff.
Since the verdict was for the plaintiff we will assume to be facts those things which the evidence in his behalf tends to prove. It appears that a note for $1,500, dated the 8th of December, 1886, due in twelve months, with ten per cent compound interest, was given by plaintiff and a comaker, together with two others as sureties, to John Neale; that Neale died in March, 1887, and this defendant, his widow, became the owner of the note in 1891. There were…
2Cases cited3 opinions
- Chadwick v. ChadwickSupreme Court of Missouri · 1893
- Kearns v. . HeitmanSupreme Court of North Carolina · 1889
- Thompson v. BrownMissouri Court of Appeals · 1892
3Cited by4 opinions
- Laughlin v. ForgraveSupreme Court of Missouri · 1968
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Stark Bros. v. GoodingMissouri Court of Appeals · 1914
- Laughlin v. ForgraveSupreme Court of Missouri · 1968