Glenn v. Lehnen
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. I. To enable plaintiff to recover, the exclusive credit must have been given to defendant. (Matson vs. Wharam, 2 T. R. 80; Obit. Cont. 507, 510; Rob. Frauds, 208; Brown, Stat. of Frauds, §§ 197, 198; Cahill vs. Bigelow, 18 Pick, 369 ; Cutler vs. Hinton, 6 Rand., 509 ; Elder vs. Warfield, 7 liar. & J., 391; 1 McCord, 100 ; Rogers vs. Kneel and, 13 Wend., 121; Leonard vs. Yerdenburg, 8 Johns., 37.) II.
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Appeal from Montgomery Circuit Court. I. To enable plaintiff to recover, the exclusive credit must have been given to defendant. (Matson vs. Wharam, 2 T. R. 80; Obit. Cont. 507, 510; Rob. Frauds, 208; Brown, Stat. of Frauds, §§ 197, 198; Cahill vs. Bigelow, 18 Pick, 369 ; Cutler vs. Hinton, 6 Rand., 509 ; Elder vs. Warfield, 7 liar. & J., 391; 1 McCord, 100 ; Rogers vs. Kneel and, 13 Wend., 121; Leonard vs. Yerdenburg, 8 Johns., 37.) II. The idea that because a promise is made before the sale or delivery, it is therefore an “original” one, is exploded. (Story Cont., § 861; Matson vs. Wharam,…
1Opinion of the CourtVories, Judge
This action was brought by the respondents against the appellant before a justice of the peace.
The action was brought on an account for the price of a steer, which was stated to be $53.55, but which had been reduced by payments credited thereon, so that the balance 'claimed was $26.85.
The plaintiffs recovered a judgment before the justice for the amount claimed. From this judgment the defendant appealed to the Montgomery Circuit Court,where judgment was again rendered against him.
On the trial in the Circuit Court, the plaintiff, Joseph Glenn,was examined as a witness on the part of the…
2Cases cited2 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
3Cited by13 opinions
- Barker v. ScudderSupreme Court of Missouri · 1874
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- State v. TestermanSupreme Court of Missouri · 1878
- Harris v. FrankCalifornia Supreme Court · 1889
- Swarens v. PfniselSupreme Court of Missouri · 1930
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