Finney v. Shirley
Citation | 7 Mo. 42 |
Parties | J. & W. FINNEY v. SHIRLEY & HOFFMAN. |
Decision Date | 31 May 1841 |
Court | United States State Supreme Court of Missouri |
APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY.
This was an action brought before a justice of the peace, o St. Louis, upon the following instrument: Judgment was given for the plaintiffs, and defendant appealed to the Circuit Court, and judgment having been again for plaintiffs, a motion for a new trial was made, and overruled, and the case brought here by appeal. The only question appears to be on the jurisdiction of the justice. If the obligation above cited be a note, the justice had jurisdiction: if not, the case was improperly entertained in the Circuit Court. An acknowledgment of indebtedness, in a specific sum, for a valuable consideration, raises a promise to pay. The instrument here sued on was therefore a note within the meaning of our act. The cases cited contain instruments precisely like the present, in which the courts have held them to be notes. 10 Wend. 677; 2 Cowen, 536. The judgment of the Circuit Court is, therefore, affirmed.
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Kessler v. Clayes
...of counsel. (1) (a) The instrument sued on is a promissory note, with actual consideration stated. McGowen v. West, 7 Mo. 569; Finney v. Shirley, 7 Mo. 42; Brady Chandler, 31 Mo. 28; Brainard v. Capelle, 31 Mo. 428; Jacquin v. Warren, 40 Ill. 459; Franklin v. March, 6 N.H. 364; Locher v. Ku......
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Kessler v. Clayes
...indebtedness acknowledged to be due is expressed in words therein. See the following: McGowen v. West, 7 Mo. 569, 38 Am. Dec. 468; Finney v. Shirley, 7 Mo. 42; Brady v. Chandler, 31 Mo. 28; Jacquin v. Warren, 40 Ill. 459; Locher v. Kuechenmiester, 120 Mo. App. 701, 98 S. W. 92. And so a pap......
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Lehner v. Roth
...to the first, second and third counts of plaintiff's amended petition. (2) The instrument sued on is a promissory note. Finney v. Shirley & Hoffman, 7 Mo. 42; v. West, 7 Mo. 569; Ubsdell & Peirson v. Cunningham, 22 Mo. 124; Brady et al. v. Chandler, 31 Mo. 28; Locher v. Kuechenmiester, 120 ......
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Locher v. Kuechenmiester
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