Cox v. Sloan
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The defendant, in his answer, undertakes to set out facts which entitle him to affirmative equitable relief. In his prayer, he likewise asks affirmative equitable relief. In discussing the case, therefore, we shall do so, upon the theory that the proceeding is one in equity, and shall refrain from discussing the declarations of law given and refused by the trial court.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The defendant, in his answer, undertakes to set out facts which entitle him to affirmative equitable relief. In his prayer, he likewise asks affirmative equitable relief. In discussing the case, therefore, we shall do so, upon the theory that the proceeding is one in equity, and shall refrain from discussing the declarations of law given and refused by the trial court. Conran v. Sellew, 28 Mo. 322; Wendover v. Baker, 121 Mo. 290. (2) Defendant (with the other six directors) was an indorser and maker of said $9,000 and $12,000…
1Opinion of the CourtMarshall, J.
This is a suit on two promissory notes for six and four thousand dollars respectively, executed by the defendant to the order of the plaintiff, on July 16, 1895, with eight per cent interest from maturity.
The answer admits the execution of the notes, pleads want of consideration, and avers that on July 16, 1895, the Earmers’ & Merchants’ Bank of Creighton, was indebted to the Kansas City State Bank in the sum of $21,000, evidenced by two notes for $12,000 and $9,000 respectively, which were indorsed by tlje seven directors, among them the defendant, of the Creighton bank, and that the notes…
2Cited by15 opinions
- Murphy v. Doniphan Telephone Co.Supreme Court of Missouri · 1941
- Edwards v. LatimerSupreme Court of Missouri · 1904
- McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910
- Connersville Casket Company v. GistMissouri Court of Appeals · 1962
- Price v. GordonSupreme Court of Missouri · 1941
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