First Nat. Bank v. Foster, No. 18912.

CourtMissouri Court of Appeals
Writing for the CourtNipper
Citation271 S.W. 536
PartiesFIRST NAT. BANK OF CAPE GIRARDEAU v. FOSTER.
Docket NumberNo. 18912.
Decision Date14 April 1925
271 S.W. 536
FIRST NAT. BANK OF CAPE GIRARDEAU
v.
FOSTER.
No. 18912.
St. Louis Court of Appeals. Missouri.
April 14, 1925.
Rehearing Denied May 12, 1925.

Appeal from Cape Girardeau Court of Common Pleas; John A. Snider, Judge.

"Not to be officially published."

Action by the First National Bank of Cape Girardeau against P. P. Foster. Judgment for plaintiff, and defendant appeals. Affirmed.

Spradling & Dalton, of Cape Girardeau, for appellant.

Hardesty & Limbaugh, of Cape Girardeau, for respondent.

NIPPER, J.


This is an action on two promissory notes, dated the 29th day of December, 1922. One is for the sum of $2,500, the other for $614. The $614 note represents the interest due on the $2,500 note.

The petition is in the usual form, and is in two counts. Defendant admitted the execution of the notes. Then, after a general denial as to other allegations in the petition, set up by way of an affirmative defense the fact that the $2,500 note described in plaintiff's petition was a renewal note for the same amount, executed and delivered by him to the Security State Bank of Cape Girardeau, Mo.; that said note was transferred after maturity by the Security State Bank to plaintiff; that the original note to the Security State Bank was given in payment of certain shares of the capital stock of said bank, and that said bank refused to deliver to defendant his stock; that on account of such refusal the original note was without consideration and void; that, as to the note described in the second count of plaintiff's petition, or the $614 note, such was without consideration and void because the promissory note was void. Defendant further alleged that both notes were given and accepted for an illegal consideration, contrary to law and against public policy, and that said notes were therefore void and uncollectable.

The reply set up the allegations that, if defendant did not receive the bank stock, it was his own fault, because he had either failed or refused to accept the same when such was offered and tendered him; that, while the stock was in the possession of the Security State Bank, the defendant executed a waiver of notice of a stockholders' meeting of said bank to be held on July 10, 1922, and executed a proxy for the voting of his shares of stock. There are further facts set up in the reply to which it is unnecessary to refer.

This suit was filed on May 5, 1924. In November, 1919, certain persons in the vicinity of Cape Girardeau organized the Security State Bank of Cape Girardeau, Mo. Defendant was solicited to subscribe for stock in the bank, and did subscribe for 25 shares. On the 15th day of November, 1919, he gave a demand note for 25 shares of stock in said bank for the sum of $2,500. Defendant insists the note was given to the Security State Bank, while the evidence of the plaintiff is to the effect that the note was made payable to...

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6 practice notes
  • Boillot v. Income Guar. Co., No. 19139.
    • United States
    • Court of Appeal of Missouri (US)
    • 23 Mayo 1938
    ...particular clause violated, the point will be ignored. State ex rel. Schuler v. Noltre, 285 S.W. 501, 503; First National Bank v. Foster, 271 S.W. 536, 537; Lohmeyer v. St. Louis Cordage Co., 113 S.W. 1108, 214 Mo. 685, 689; Consol. School Dist. G.C. v. Day, 43 S.W. (2d) 428, 429. (6) (a) V......
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • 9 Noviembre 1940
    ...Mo. 690; Schildnecht v. Joplin, 327 Mo. 126, 35 S.W. (2d) 36; Wabash Railroad Co. v. Flannigan, 218 Mo. 566; First Natl. Bank v. Foster, 271 S.W. 536. (5) The respondent was not entitled to a trial by jury. State ex rel. Ewing v. Townsley, 56 Mo. 107; Young v. Powell, 87 Mo. 128; State ex i......
  • Boillot v. Income Guar. Co., No. 19236.
    • United States
    • Court of Appeal of Missouri (US)
    • 23 Mayo 1938
    ...particular clause violated, the point will be ignored. State ex rel. Schuler v. Noltre, 285 S.W. 501, 503; First National Bank v. Foster, 271 S.W. 536, 537; Lohmeyer v. St. Louis Cordage Co., 214 Mo. 685, 689, 113 S.W. 1108; Consol. School Dist. G.C. v. Day, 43 S.W. (2d) 428, 429. (6) (a) V......
  • Stephenson v. State, No. 21230.
    • United States
    • United States State Supreme Court of Ohio
    • 28 Noviembre 1928
    ...of first instance. We are not without abundant authority upon this proposition. First Nat Bank of Cape Girardeau v. Foster (Mo. App.) 271 S. W. 536;Peverill v. Board of Supervisors of Black Hawk Co., 201 Iowa, 1050, 205 N. W. 543;Ogilvie v. Hailey, 141 Tenn. 392, 210 S. W. 645;Haun v. State......
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6 cases
  • Boillot v. Income Guar. Co., No. 19139.
    • United States
    • Court of Appeal of Missouri (US)
    • 23 Mayo 1938
    ...particular clause violated, the point will be ignored. State ex rel. Schuler v. Noltre, 285 S.W. 501, 503; First National Bank v. Foster, 271 S.W. 536, 537; Lohmeyer v. St. Louis Cordage Co., 113 S.W. 1108, 214 Mo. 685, 689; Consol. School Dist. G.C. v. Day, 43 S.W. (2d) 428, 429. (6) (a) V......
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • 9 Noviembre 1940
    ...Mo. 690; Schildnecht v. Joplin, 327 Mo. 126, 35 S.W. (2d) 36; Wabash Railroad Co. v. Flannigan, 218 Mo. 566; First Natl. Bank v. Foster, 271 S.W. 536. (5) The respondent was not entitled to a trial by jury. State ex rel. Ewing v. Townsley, 56 Mo. 107; Young v. Powell, 87 Mo. 128; State ex i......
  • Boillot v. Income Guar. Co., No. 19236.
    • United States
    • Court of Appeal of Missouri (US)
    • 23 Mayo 1938
    ...particular clause violated, the point will be ignored. State ex rel. Schuler v. Noltre, 285 S.W. 501, 503; First National Bank v. Foster, 271 S.W. 536, 537; Lohmeyer v. St. Louis Cordage Co., 214 Mo. 685, 689, 113 S.W. 1108; Consol. School Dist. G.C. v. Day, 43 S.W. (2d) 428, 429. (6) (a) V......
  • Stephenson v. State, No. 21230.
    • United States
    • United States State Supreme Court of Ohio
    • 28 Noviembre 1928
    ...of first instance. We are not without abundant authority upon this proposition. First Nat Bank of Cape Girardeau v. Foster (Mo. App.) 271 S. W. 536;Peverill v. Board of Supervisors of Black Hawk Co., 201 Iowa, 1050, 205 N. W. 543;Ogilvie v. Hailey, 141 Tenn. 392, 210 S. W. 645;Haun v. State......
  • Request a trial to view additional results

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