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7 Mo. 42

Finney v. Shirley

Supreme Court of Missouri

Decided May 15, 1841

Supreme Court of Missouri · decided 1841-05-15

<p>Appeal from the St. Louis Circuit Court.</p>

Relies on Kimball & Kiniston v. Huntington

Cited in Bouvier (1914)’s definition of “Hysterotomy” · Cyclopedic (1922)’s definition of “Promissory Note”

Good law ✅— No negative treatment on recordhow we know

Decided 1841-05-15

How this case has been cited

Cited by 5 later decisions — most recently April 1993

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion of the Court by

Napton Judge.

¶2This was an action brought before a justice of the peace of St. Louis, upon the following instrument; “Due Shirley and Hoffman, the sum of one hundred and forty-two dollars,— cents, the am’t. of two meat bills, rendered. $142. Portland, Nov. 3,1838. Thomas F. Coburn, Clk. for steamboat Bee and owners.”

¶3Judgment 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.

¶4The only question appears to be on the jurisdiction of the justice. If the obligation above recited be a note, the jus-Iice had jurisdiction; if not, the case was improperly entertained in the circuit court. An acknowledgment of indebt*43edness, 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.

¶5The judgment of the circuit court is therefore affirmed.

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