Legal Opinion

Kessler v. Clayes

Missouri Court of Appeals

Decided February 1, 1910PublishedCited by 13 opinions

Appeal from St. Charles Circuit Court. — Eon. James D. Barnett, Judge. (1) (a) The instrument- sued on is a promissory note, with actual consideration stated. McGowen y. West, 7 Mo. 569; Finney v. Shirley, 7 Mo. 42; Brady v. Chandler, 31 Mo. 28; Brainard v. Capelle, 31 Mo. 428 ; Jacquin y. Warren, 40 Ill. 459; Franklin y. March, 6 N. H. 364; Locher y. Kuechenmiester, 120 Mo.

Read the full summary

Appeal from St. Charles Circuit Court. — Eon. James D. Barnett, Judge. (1) (a) The instrument- sued on is a promissory note, with actual consideration stated. McGowen y. West, 7 Mo. 569; Finney v. Shirley, 7 Mo. 42; Brady v. Chandler, 31 Mo. 28; Brainard v. Capelle, 31 Mo. 428 ; Jacquin y. Warren, 40 Ill. 459; Franklin y. March, 6 N. H. 364; Locher y. Kuechenmiester, 120 Mo. App. 701. (b) But this action originating in probate court where no pleadings are required, it is immaterial whether instrument is or is not a promissory note. Lee y. Dunlap, 55 Mo. 454. (c) The consideration, being stock…

1Opinion of the CourtNoetoni, J.

This is a suit on a promissory note. The trial was had before the court without a jury. After taking the case under advisement, judgment was given for defendant, and the plaintiff appeals. The plaintiff filed the instrument sued upon as a demand against the estate of J. D. Lucas, deceased, in the probate court of St. Louis county. It was allowed and the estate appealed to the circuit court. Afterwards a change of venue was awarded to the circuit court of St. Charles county from whence comes the present appeal.

The instrument sued upon is as follows:

“Bridgeton, Mo., Nov. 28, 1902.

Good for…

2Cases cited42 opinions

  1. Evans v. United StatesSupreme Court of the United States · 1894
  2. Juilliard v. . ChaffeeNew York Court of Appeals · 1883
  3. Ellis v. HarrisonSupreme Court of Missouri · 1891
  4. Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
  5. Whitmore v. TatumSupreme Court of Arkansas · 1891

37 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Watkins v. Simplex Time Recorder Co.Massachusetts Supreme Judicial Court · 1944
  2. New York Casualty Co. v. Sinclair Refining Co.Court of Appeals for the Tenth Circuit · 1939
  3. Green v. StrotherCourt of Appeals of Kansas · 1919
  4. Scott v. CriderMissouri Court of Appeals · 1925
  5. Morey v. FeltzMissouri Court of Appeals · 1915

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API