Williams v. Alnutt
Missouri Court of Appeals
Appeal from the Livingston Circuit Court.&emdash;Hon. E. J. Beoaddus, Judge. The court erred in refusing the declaration number 1 asked for by the defendant and refused by the court. The evidence shows conclusively that there was no consideration for the note described in the mortgage. The note is the principal thing&emdash;the mortgage, the incident.
Read the full summary
Appeal from the Livingston Circuit Court.&emdash;Hon. E. J. Beoaddus, Judge. The court erred in refusing the declaration number 1 asked for by the defendant and refused by the court. The evidence shows conclusively that there was no consideration for the note described in the mortgage. The note is the principal thing&emdash;the mortgage, the incident. McQuie v. Peay, 58 Mo. 56; Hagerman v. Sutton, 91 Mo. 520; Johnson v. Johnson, 81 Mo. 331; Kingslancl & Ferguson v. Chrisman, 28 Mo. App. 308. The appellate court assumes everything in favor of the verdict and action of the trial court. Smith v.…
1Opinion of the CourtSmith, P. J.
This is a suit in replevin which was brought before a justice of the peace to recover the possession of two horses. The case appearing on the record is about like this:
STATEMENT. The defendant borrowed of one Wilson $112, for which he gave his promissory note with the plaintiff and two others thereon as co-sureties. Some time after the giving of the note plaintiff requested of the defendant a mortgage on the *64two horses in question to secure himself and co-suretise against liability on the note. This the defendant refused to give directly to plaintiff but agreed to give a mortgage to Wilson to…
2Cases cited6 opinions
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- State v. RobinsonSupreme Court of Missouri · 1880
- Foster v. ReynoldsSupreme Court of Missouri · 1866
- Sparks v. BrownMissouri Court of Appeals · 1891
- Sparks v. BrownMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shantz v. ShrinerMissouri Court of Appeals · 1912
- Schlamp v. ManewalMissouri Court of Appeals · 1916
- Bank of Urbana v. WrightMissouri Court of Appeals · 1994
- Gee v. Van Natta-Lynds Drug Co.Missouri Court of Appeals · 1904