Wulze v. Schaefer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The statutes provide that “All instruments of writing made and signed by any person, or his agent, whereby he shall promise to pay to any other or his order, or unto bearer, any sum of money or property therein mentioned, shall import a consideration, and be due and payable as therein mentioned.”
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The statutes provide that “All instruments of writing made and signed by any person, or his agent, whereby he shall promise to pay to any other or his order, or unto bearer, any sum of money or property therein mentioned, shall import a consideration, and be due and payable as therein mentioned.” R. S. 1879, sec. 663. Similar instruments have been held to come within the> statutes, whether they be negotiable or non-negotiable. County of Montgomery v. Auchley, 92 Mo. 129; Spears n: Bond, 79 Mo. 470; Skinner v. Skinner,…
1Opinion of the CourtBiggs, J.
This suit is brought on the following written instrument executed by the defendant, to-wit: “If I take possession of saloon,'306 Chestnut street, I will pay W. W. Wulze one hundred dollars on demand. $100.00.”
“Nov. 4, 1885. W. Schaeeeb.”
The suit originated before a justice of the peace, where the plaintiff obtained judgment, but, on a trial de nor>o in the circuit court, a final judgment was entered for the defendant, and from this latter judgment the plaintiff has prosecuted this appeal;
On the trial the plaintiff introduced evidence tending to prove that the defendant, in November, 1885,…
2Cases cited2 opinions
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Taylor v. NewmanSupreme Court of Missouri · 1883
3Cited by5 opinions
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Houck v. FrisbeeMissouri Court of Appeals · 1896
- Locher v. KuechenmiesterMissouri Court of Appeals · 1906
- Burrell v. Estate of KaiserMissouri Court of Appeals · 1961
- Phoenix Trust Co. v. GarnerMissouri Court of Appeals · 1933