Legal Opinion

Bridges v. Stephens

Supreme Court of Missouri

Decided March 3, 1896PublishedCited by 32 opinions

Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The circuit court erred in declaring the law to be that the appellant was not entitled to recover, because the promise and agreement of the respondent not to plead the statute of limitation was not made in writing. It was not necessary that the promise or agreement should be in writing. 1 Wood on Limitations [2 Ed.], sec. 76, pp. 228, 229; 2 Herman on Estoppel and Res.

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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The circuit court erred in declaring the law to be that the appellant was not entitled to recover, because the promise and agreement of the respondent not to plead the statute of limitation was not made in writing. It was not necessary that the promise or agreement should be in writing. 1 Wood on Limitations [2 Ed.], sec. 76, pp. 228, 229; 2 Herman on Estoppel and Res. Adj., sec. 825, pp. 955, 956; North v. Walker, 2 Mo. App. 174; s. c., 66 Mo. 453; County .of Vernon‘V. Stewart, 64 Mo. 411; Wright v. Pratt, 17 Mo. 43;…

1Opinion of the CourtGantt, J.

The Fifth National Bank of St. Louis was duly organized under the laws of the United States for the organization of national banks. Its capital stock was $300,000. On the twenty-seventh day of November, 1886, a meeting of its stockholders was called to be held on December 11, 1886, to vote upon a proposition to increase the capital stock of said bank in the sum of $200,000. The meeting was held, and by a vote of over two thirds of the stockholders it was duly resolved “that under the provisions of the act of March 1, 1886, the capital stock of this association be increased in the sum of…

2Cases cited35 opinions

  1. Kennedy v. GibsonSupreme Court of the United States · 1869
  2. Shapley v. . AbbottNew York Court of Appeals · 1870
  3. Bank v. KennedySupreme Court of the United States · 1873
  4. Long v. StrausIndiana Supreme Court · 1886
  5. Case v. TerrellSupreme Court of the United States · 1871

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3Cited by32 opinions

  1. Dorris v. StateSupreme Court of Missouri · 2012
  2. Scheuer v. ScheuerNew York Court of Appeals · 1955
  3. Parchen v. ChessmanMontana Supreme Court · 1914
  4. Brownrigg v. DefreesCalifornia Supreme Court · 1925
  5. Branner v. KlaberSupreme Court of Missouri · 1932

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