Russell v. Cassidy
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. The note, and the evidence on behalf of plaintiff, showed that a building and loan association had loaned $300 of its funds to the defendant. Lovelace v. Pratt, 163 Mo. 76, 63 S. W. 383; Sappington v. Loan Co., 76 Mo. App. 242; Powell v. Doyle, 93 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. The note, and the evidence on behalf of plaintiff, showed that a building and loan association had loaned $300 of its funds to the defendant. Lovelace v. Pratt, 163 Mo. 76, 63 S. W. 383; Sappington v. Loan Co., 76 Mo. App. 242; Powell v. Doyle, 93 Mo. App. 300. (2) A building and loan association has no power, while a going concern to assign the note given it by a member to secure a loan, R, S. 1899, secs. 2811, 2813; R. S. 1899, secs.…
1Opinion of the CourtReyburn, J.
— Plaintiff, a member of the St. Louis bar, brought this action before a justice upon a note in following form: •
“$300.
St. Louis, July 3,1893.
‘ * Three month® after date, I promise to pay to •the order of Climax Building and Loan Association three hundred dollars at the office of the association. Value received with interest at 8 per cent per annum from date until paid.
“W. B. Cassidy.”
Upon which note the following indorsements appeared :
“Nov. 15-93.- Cr. by $10.
“Nov. 25-93. Cr. by $15.00.
“Climax Building & Loan Association,
“ Jas. P. Hesser, Secretary. “Thomas A. Russell.
“Demand protest and…
2Cases cited6 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
- Lovelace v. PrattSupreme Court of Missouri · 1901
- First National Bank v. GillilanSupreme Court of Missouri · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Graham v. Young Et UxSuperior Court of Delaware · 1933
- Wilmans v. Peoples Building & Loan Ass'nSupreme Court of Arkansas · 1936
- Russell v. CassidyMissouri Court of Appeals · 1907