Wilden v. McAllister
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) No judgment should have been given upon the amounts of the two notes signed by Abbey and A. McAllister, jointly. No reference having been made to them in the pleadings, nor were the same filed before or since the institution of the cause, no jurisdiction maintained, so far as those two items were concerned. G. S., secs. 642, 643, page 260; Olin v. Zeigler, 46 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) No judgment should have been given upon the amounts of the two notes signed by Abbey and A. McAllister, jointly. No reference having been made to them in the pleadings, nor were the same filed before or since the institution of the cause, no jurisdiction maintained, so far as those two items were concerned. G. S., secs. 642, 643, page 260; Olin v. Zeigler, 46 Mo. App. 196. Of course, if plaintiff had applied the alleged payment to Mr. McAllister and Mrs. McAllister’s joint obligations before they were both barred,…
1Opinion of the CourtBland, P. J.
— On September 18, 1899, plaintiff began suit before a justice of the peace in the city of St. Louis on the following promissory notes:
*449“St. Lords, Mo., July 13, 1874.
“$-.
■ “Sis months after date, I promise to pay to the order of [stamp] Henry Wilden, two hundred dollars, for value received, negotiable and payable without defalcation 'or discount, at the Citizens’ Savings Bank, St. Louis, and with interest from date at the rate of ten per cent per annum.
“Alex McAlijstee.
“No.-.
“Due- — .
On the back of said note the following is written:
“April 22, 1895, received $7.50 (seven dollars fifty cents)…
2Cases cited7 opinions
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Beck v. HaasSupreme Court of Missouri · 1892
- Armistead v. BrookeSupreme Court of Arkansas · 1857
- Robie v. Estate of BriggsSupreme Court of Vermont · 1887
- Beck v. HaasMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Miller v. MillerMissouri Court of Appeals · 1913