Kessler v. Clayes
Missouri Court of Appeals
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.
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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
- Evans v. United StatesSupreme Court of the United States · 1894
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Whitmore v. TatumSupreme Court of Arkansas · 1891
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3Cited by13 opinions
- Watkins v. Simplex Time Recorder Co.Massachusetts Supreme Judicial Court · 1944
- New York Casualty Co. v. Sinclair Refining Co.Court of Appeals for the Tenth Circuit · 1939
- Green v. StrotherCourt of Appeals of Kansas · 1919
- Scott v. CriderMissouri Court of Appeals · 1925
- Morey v. FeltzMissouri Court of Appeals · 1915
8 more not listed; retrieve them via the Exa API.