Bank of Missouri v. Smith
| Decision Date | 31 January 1863 |
| Citation | 33 Mo. 364 |
| Parties | BANK OF THE STATE OF MISSOURI, Respondent, v. SMITH, ROBIDOUX & BEAUVAIS, Appellants. |
| Court | Missouri Supreme Court |
Appeal from Buchanan Court of Common Pleas.
Ensworth, for appellants.
Bassett, for respondent.
This is a suit upon a negotiable promissory note made by Smith & Robidoux to the order of Beauvais, and by Beauvais endorsed to the plaintiff. Beauvais was not served with process, and the suit was dismissed as to him. Smith & Robidoux answered, and, upon motion of plaintiff, their answers were stricken out, and judgment given against them.
The answers deny that the plaintiff is the owner of the note sued on, but do not deny the allegations of the petition, that the note was made by the defendants, answering to Beauvais, and by him endorsed and delivered to the plaintiff.
The answers also set up as a defence agreements made between Smith, one of the defendants, and the Branch Bank of the State of Missouri, (not with the plaintiff.) There is no such person in law as the Branch Bank of the State of Missouri, and the answer setting up an agreement with such supposed (but in fact not existing) person is frivolous.
The answers were properly stricken out. Judgment affirmed.
Judge Bay concurs. Judge Dryden did not sit in the case.
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...to pay the bonds and coupons held by relators, a peremptory writ of mandamus should issue compelling such payment. Bank of the State of Mo. v. Smith, 33 Mo. 364; State ex rel. v. Riley, 219 Mo. 690; State ex rel. v. Craig, 69 Mo. 565. (4) It is no defense to a drainage district corporation ......
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...This citation is taken from Bliss, Code PI. § 334, and fully sustains the court below. There are many authorities to same purport. Bank v. Smith, 33 Mo. 364; Wedderspoon v. Rodg-ers, 32 Cal. 569; and others. In Russell v. Clapp, 4 How. Pr. 347, it is said: "Under the present system, it is i......
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...is taken from Bliss, Code Pl. § 334, and fully sustains the court below. There are many authorities to same purport. Bank v. Smith, 33 Mo. 364; Wedderspoon v. Rodgers, 32 Cal. 569; and others. In Russell v. Clapp, 4 How. Pr. 347, it is said: "Under the present system, it is intended to conf......