Pomeroy v. Betts
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit on a.bill of exchange drawn by Orr & Hull, in favor of the plaintiffs, accepted by the firm of Betts, Mellen & Go., of which Theodore Betts, John D. Mellen, Joshua Jackson, John O. Mellen, and A. A. K. Sawyer, were partners. The writ was personally served upon Betts, and a return of non est was made as to Jackson, John O. Mellen and Sawyer. Betts and John D. Mellen appeared and answered at the return term.
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Appeal from St. Louis Circuit Court. This was a suit on a.bill of exchange drawn by Orr & Hull, in favor of the plaintiffs, accepted by the firm of Betts, Mellen & Go., of which Theodore Betts, John D. Mellen, Joshua Jackson, John O. Mellen, and A. A. K. Sawyer, were partners. The writ was personally served upon Betts, and a return of non est was made as to Jackson, John O. Mellen and Sawyer. Betts and John D. Mellen appeared and answered at the return term. The plaintiffs filed an amended petition against the original defendants, and made the drawers of the bill, Orr &Hull, also parties…
1Opinion of the CourtBates, Judge
This case was heretofore submitted to the court, and an opinion prepared by Judge Ewing, in which Judge Napton concurred. The parties have now agreed that that opinion may be adopted by the court, and judgment, rendered ac*421cordingly. Therefore, the court adopts the opinion, and in accordance therewith, the other judges concurring, the judgment below is reversed and the cause remanded.
Ewing, Judge.
The only.point in this case is, whether as to the defendant John O. Mellen there was any notice of the suit. The suit originally was brought against Betts, John O. Mellen, J. D. Mellen, Jackson and…
2Cited by10 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- City of St. Louis v. GleasonMissouri Court of Appeals · 1884
- First National Bank v. JacobsSupreme Court of Missouri · 1880
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