Green v. Estes
Supreme Court of Missouri
Appeal from Louisiana Court of Common Pleas. — IIox. Elijah Robinson, Judge. Even if otherwise correct, the facts of this case did not warrant the instruction given for plaintiff.
Read the full summary
Appeal from Louisiana Court of Common Pleas. — IIox. Elijah Robinson, Judge. Even if otherwise correct, the facts of this case did not warrant the instruction given for plaintiff. Glenn v. Lehman, 54 Mo. 45. The instruction is erroneous under any state of facts, and virtually annuls the statute of frauds; for, an unscrupulous creditor and Ms debtor, can avail themselves of such an interpretation of the statute as to render it wholly inoperative as a defense to the one ■whom they seek to victimize. "Waite’s Actions and Defenses in Law and Eq., vol.7, pp. 16,17,18. There was no sufficient…
1Opinion of the Court
Ewing, C.
This was a suit originally before a justice of the peace on an account as follows:
1879, July 26th.
To amount of¥m. Pry’s account assumed by him...$33.00
Contra.
July 26th, by cash of Pield Estes.......................... 15.00
Balance due by Estes...................................$18.00
Yerdict and judgment for defendant before the justice; an appeal to the Louisiana court of common pleas where there was judgment for plaintiff, and the defendant appeals to this court.
*339Tlie evidence on the part of the plaintiff, was to the effect that one William Ery owed him on store account $33; that in…
2Cases cited5 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Pratt v. HumphreySupreme Court of Connecticut · 1852
- Howard v. CoshowSupreme Court of Missouri · 1862
- Brown ex rel. Clardy v. BrownSupreme Court of Missouri · 1870
- Westfall v. ParsonsNew York Supreme Court · 1853
3Cited by2 opinions
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Moore v. McHaneyMissouri Court of Appeals · 1915