Donaldson v. County of Butler

• Citation: 11 S.W. 572,98 Mo. 163
• Parties: Donaldson, Appellant, v. The County of Butler
• Decision Date: 20 May 1889
• Court: United States State Supreme Court of Missouri

11 S.W. 572

98 Mo. 163

Donaldson, Appellant, v. The County of Butler

Supreme Court of Missouri

May 20, 1889

Appeal from Butler Circuit Court. -- Hon. John G Wear, Judge.

Reversed and remanded.

Geo. H Benton for appellant.

The only question presented by this record is one of pleading. The petition declared upon the coupon without reference to the bond from which it was detached. It is good pleading. As the coupon, though part of the bond, when detached, becomes negotiable paper to circulate from hand to hand and enables the holder to collect the interest without the presentation of the bond, it is certainly unnecessary for him, when suing on the coupon, to declare upon the bond. He has not the bond and could not produce it in court. The coupon, on its face discloses the nature of the obligation and therefore has been justly held itself to be the basis of the suit. Commissioners v. Aspinwall, 21 How. 540. The answer and replication raised the issue on the validity of the bond. The object of all pleading is to inform the adversary of your cause of action. It is manifest by the answer of the defendant that the petition furnished all the necessary information. And if reference to the bond were necessary this objection was removed by defendant's answer.

S. A Standard for respondent.

Black J. Sherwood, J., absent.

OPINION

Black, J.

This is a suit against the county or Butler based upon fifty interest coupons, each for the sum of ten dollars. The counts are all similar to the first which is as follows: "Plaintiff states that he is the holder for a valuable consideration, paid before maturity and without notice, of the following coupon: 'On the first day of October, 1882, the county of Butler in the state of Missouri promises to pay to the bearer hereof ten dollars, at the Lucas Bank, St. Louis, being one year's interest on bond number 264. Wm. A. Spence, clerk of Butler county court, Missouri.' Plaintiff states that he presented the same to the bank and to defendant for payment, and that the same was refused; wherefore plaintiff prays judgment for ten dollars, and interest from date at six per cent. per annum."

To this petition, the defendant made this answer: "Defendant * * * avers that it is not true that the plaintiff is, or ever was, the holder for a valuable consideration paid before maturity and without notice, of the said several coupons by plaintiff described in the said several counts, and denies that the defendant is, or was, indebted or ever became liable for any, or either, of the said coupons. Defendant, further answering, avers that said several coupons and the bond from which each of them was taken and detached were fully satisfied, and the defendant discharged and released from all liability therefor long prior to the time the same became due and payable, and long prior to the time when plaintiff obtained possession of the said coupons or either of them, which discharge and release was duly entered of record in the public records of the county court in and for the said Butler county, as plaintiff may well have known, and had due notice in that the said bonds and coupons were public securities of the defendant prior to the date of said discharge and release. And the defendant, further answering, avers that said several coupons by plaintiff described, and the bond from which they were taken, were, and each of them were, at the said Butler county on and after the defendant's discharge and release from all liability therefor and before the plaintiff obtained possession thereof, taken, stolen and carried away and so feloniously and unlawfully, by some person as yet not identified and known to the defendant."

The reply is a general denial. At the trial, defendant objected to the admission of any evidence because the petition did not state facts sufficient to constitute a cause of action, in that it did not allege that the...