Downs v. Pacific Express Co.
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. Statement. — On March 24, 1906, S. V: Taylor entered into two contracts with defendant for the transmission of two parcels or sums of money and the payment of them to the order of plaintiff, Leslie A. Downs.
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Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. Statement. — On March 24, 1906, S. V: Taylor entered into two contracts with defendant for the transmission of two parcels or sums of money and the payment of them to the order of plaintiff, Leslie A. Downs. One of these contracts was for the transmission and payment of $40 and the other for $24.73. As the writings concerning the two transactions, save as to amounts, are alike, we will copy the papers pertaining to only one: 40 o €©= £ © Pi o s ci ft += I 20 10 ¿2 ctf !>s cS ft += O ¡?5 10 xo fl aj When Countersigned by the…
1Opinion of the CourtGoode, J.
(after stating the facts). — It will be perceived the question in dispute is -whether or not defendant is liable for any interest on the sums called for by the money orders and for the costs of the case. It disputes liability because no demand was made for the payment of the amounts stated in the orders before the action was begun; and invokes in support of its position our statute which says the fact that no demand for the subject-matter of the suit was made prior to its institution, shall not be available to the party, unless it is expressly set up by way of defense in the answer or…
2Cases cited2 opinions
- Bollman Bros. v. PeakeMissouri Court of Appeals · 1902
- Rosenberger v. Pacific Express Co.Missouri Court of Appeals · 1908
3Cited by1 opinion
- Moran v. HubbarttMissouri Court of Appeals · 2005