Garrison v. O'Donald
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. There is no proof in this case showing or tending to show that Sheppard had any authority to release or discharge defendants, the O’Donalds, from personal liability on the note sued on. Alexander v. Rollins, 14 Mo. App. 109; Hoppe v. Saylor, 53 Id. 4. See, also, Mech. on Ag’cy, sec. 273; White v. R. R., 19 Mo.
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Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. There is no proof in this case showing or tending to show that Sheppard had any authority to release or discharge defendants, the O’Donalds, from personal liability on the note sued on. Alexander v. Rollins, 14 Mo. App. 109; Hoppe v. Saylor, 53 Id. 4. See, also, Mech. on Ag’cy, sec. 273; White v. R. R., 19 Mo. App. 400; Brooks v. Jameson, 55 Mo. 505; Guppies v. Whalen, 61 Id. 583. When a party relies on ratification, he must plead it in order to make it available at the trial. Ferneau v. Whitford, 39 Mo. App. 311, 316. See,…
1Opinion of the CourtBland, P. J.
Suit on the following promissory note:
“ Spbingeield, Mo., February 15, 1888.
“$2,000.
“On or before five years after date we promise to pay to the order of Martha A. Garrison, at the Commercial Bank, Springfield, Missouri, two thousand dollars, for value received, with nine per cent per *624annum interest after date until paid. Interest payable semi-aniiually.
“Wayne CHDonald,
“Lou s O’Donald.’’
The note is indorsed on the back as follows:
“Thomas Oonlon,
“S. EL Hobine,
“Protest waived.” “S. H. Hobine,
“Thomas Oonlon.”
On the back of the note payments of interest were indorsed for each and every year to…
2Cases cited6 opinions
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Brown v. KirkMissouri Court of Appeals · 1886
- Summerville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Edgell v. TuckerSupreme Court of Missouri · 1867
- Gentry v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Engle v. BrownMissouri Court of Appeals · 1919