Curry v. LaFon
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) The only action which plaintiff can maintain is an action on the covenant of assumption. The former' action was not an action on a note, but was predicated upon the same covenant sued upon in this action. Curry v. LaFon, 133 Mo. App. 176. (2) Two or more claims already due under the same contract are deemed a single demand which cannot be split without the consent of the obligor. Pettit v. Ins.
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Appeal from Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) The only action which plaintiff can maintain is an action on the covenant of assumption. The former' action was not an action on a note, but was predicated upon the same covenant sued upon in this action. Curry v. LaFon, 133 Mo. App. 176. (2) Two or more claims already due under the same contract are deemed a single demand which cannot be split without the consent of the obligor. Pettit v. Ins. Co., 69 Mo. App'. 320; Morrison v. De Donato, 76 Mo. App. 648; Sham v. Pollard, 84 Mo. App. 286. (3) All sums due on his covenant…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through two successive breaches of a covenant. The court gave judgment for plaintiff summarily, on motion, and defendant prosecutes the appeal. After defendant’s answer was in, the court sustained plaintiff’s motion for judgment on the pleadings and awarded him a recovery of the full amount sued for.
It appears plaintiff and defendant formerly owned an equity of redemption in a considerable tract of land situate in Arkansas' and while so owning it' as tenants in common, they executed a mortgage thereon to one, Sachs, for $5500. This mortgage…
2Cases cited10 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Noell v. GainesSupreme Court of Missouri · 1878
- Wheeler & Wilson Manuf'g Co. v. HowardU.S. Circuit Court for the District of Eastern Missouri · 1886
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
- Board of Trustees of Westminster College v. PeirsolSupreme Court of Missouri · 1901
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3Cited by4 opinions
- Frye v. ShepherdMissouri Court of Appeals · 1913
- Brinsmade v. JohnsonMissouri Court of Appeals · 1915
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Kennedy v. BroderickCourt of Appeals for the Seventh Circuit · 1914