108 Mo. App. 577 | Mo. Ct. App. | 1904
— Plaintiff, a member of the St. Louis bar, brought this action before a justice upon a note in following form: •
“$300.
St. Louis, July 3,1893.
‘ * Three month® after date, I promise to pay to •the order of Climax Building and Loan Association three hundred dollars at the office of the association. Value received with interest at 8 per cent per annum from date until paid.
“W. B. Cassidy.”
Upon which note the following indorsements appeared :
“Nov. 15-93.- Cr. by $10.
“Nov. 25-93. Cr. by $15.00.
“Climax Building & Loan Association,
“ Jas. P. Hesser, Secretary. “Thomas A. Russell.
“Demand protest and notice of protest waived.
‘ ‘ Climax Building & Loan Association,
“W. J. Magginnitie, Secretary.
“In consideration of the maker hereof paying $25 per month, on or before the fifteenth day of- each month, it is agreed by the holder of this note that when the sum of $150 and interest to date of last payment at the rate of six per cent per annum is paid, this note shall be cancelled and returned to the maker.
“November 25, 1903.
Thos. A. Russell.”
The cause was tried before a jury in the circuit court, which it had reached by appeal and wherein defendant’s final answer, as amended, was stricken out by