Legal Opinion

Bick v. Clark

Missouri Court of Appeals

Decided December 29, 1908PublishedCited by 1 opinion

Appeal from Monroe Circuit Court. — No». David H. Eby, Judge. (1) Under the code in this State the plaintiff is required to state only the facts and it does not matter how informally such facts are stated; how inartificially or even that they are stated in an involved manner, if the facts can be deduced from the statement and such facts constitute a cause of action.

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Appeal from Monroe Circuit Court. — No». David H. Eby, Judge. (1) Under the code in this State the plaintiff is required to state only the facts and it does not matter how informally such facts are stated; how inartificially or even that they are stated in an involved manner, if the facts can be deduced from the statement and such facts constitute a cause of action. R. S. 1899, secs. 591, 610, 629; Pattison’s Code PL, secs. 179, 238, 346. (2) In a suit on a note it is not necessary to allege a promise under the code pleading in force in this State. Bank v. Landis, 34 Mo. App. 433; Hammett v.…

1Opinion of the CourtGoode, J.

The question on this appeal is whether the following petition is good, a demurrer having been sustained to it and final judgment entered on the demurrer:

“Plaintiff for his second amended petition, by leave of court first had, for cause of action against defendants states that defendants executed, signed and delivered their promissory negotiable note for value received to R. B. Palmer & Sons, for $57 dated November 2T, 1893, due in one year after date with eight per cent interest from date to compound annually, which- note was assigned and transferred by R. B. Palmer & Sons for value received…

2Cases cited2 opinions

  1. Moore v. Platte CountySupreme Court of Missouri · 1844
  2. First National Bank v. LandisMissouri Court of Appeals · 1889

3Cited by1 opinion

  1. Kirby v. RobinsonMissouri Court of Appeals · 1931

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