Catterlin v. Lusk
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Now. W. W. Graves, Judge. (1) Under the circumstances the defendants will be each as conclusively bound by the terms of their written contract as if they had fully read and re-read the same any number of times. Snider v. Express Co., 63 Mo. 383; Kellerman v. Railroad, 136 Mo. 188; Robinson v. Jarvis, 25 Mo. App. 425; School District v. Ins. Co., 61 Mo.
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Appeal from Bates Circuit Court. — Now. W. W. Graves, Judge. (1) Under the circumstances the defendants will be each as conclusively bound by the terms of their written contract as if they had fully read and re-read the same any number of times. Snider v. Express Co., 63 Mo. 383; Kellerman v. Railroad, 136 Mo. 188; Robinson v. Jarvis, 25 Mo. App. 425; School District v. Ins. Co., 61 Mo. App. 600. (2) Under the facts as stated in proposition 1, oral testimony was not competent and should not have been received by the court to contradict the terms of the contract, as evidenced by the note sued…
1Opinion of the CourtSmith, P. J.
This is an action which was brought before a justice of the peace on a promissory note. In the circuit court,’ where the cause was removed by appeal, the defendants filed an amended verified statement admitting the execution of the note but alleging the same was procured by fraud. It was therein further alleged that the plaintiff was a loán agent in Butler and agreed to loan them eighteen hundred dollars upon certain real estate security in Bates county; said loan was to be made by the Missouri Savings Association, which loan was to run for a period of six years and to secure which the…
2Cases cited6 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Paris Manufacturing & Importing Co. v. CarleMissouri Court of Appeals · 1906
- Ely v. SuttonMissouri Court of Appeals · 1913
- First National Bank v. WellsMissouri Court of Appeals · 1903
- Calloway v. McKnightMissouri Court of Appeals · 1914
- Outcult Advertising Co. v. BarnesMissouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.