State ex rel. Shawhan v. Ellison
Supreme Court of Missouri
Certiorari. (1) Notwithstanding instruction numbered 5 required the jury to find that Shawhan surrendered Garcel on ’s obligation to him in'the sum of $10,000, in consideration of the note sued on, the judgment of the Court of Appeals reversed the judgment of the trial court because, on such facts, "defendant received no valid consideration for the note.”
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Certiorari. (1) Notwithstanding instruction numbered 5 required the jury to find that Shawhan surrendered Garcel on ’s obligation to him in'the sum of $10,000, in consideration of the note sued on, the judgment of the Court of Appeals reversed the judgment of the trial court because, on such facts, "defendant received no valid consideration for the note.” In thus holding that it is necessary that the maker of a note receive some consideration therefor, the Court of Appeals failed to follow the last previous controlling decision, as well as all former decisions, of this court, on what…
1Opinion of the CourtWilliams, J.
By this, an original proceeding in certiorari, relatrix, on the ground that it conflicts with our last previous ruling on the subject, seeks to quash an opinion delivered by the Kansas City Court of Appeals in the case of Mary F. Shawhan, Executrix, etc., v. Shawhan Distillery Co., 195 Mo. App. 445.
Facts, here material, and stated in the opinion of the Kansas City Court of Appeals, may be summarized as follows:
Mary F. Shawhan, executrix of the will of her deceased husband, George W. Shawhan, brought suit against the Shawhan Distillery Company, a Missouri corporation, upon a promissory note in…
2Cases cited22 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
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3Cited by12 opinions
- Foley v. Weaver Drugs, Inc.Supreme Court of Florida · 1965
- Kreutz v. WolffMissouri Court of Appeals · 1977
- State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
- State Ex Rel. Tunget v. ShainSupreme Court of Missouri · 1937
- State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
7 more not listed; retrieve them via the Exa API.