Columbia Incandescent Lamp Co. v. American Electrical Manufacturing Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. P. R. Elitoraet, Judge. Defendant’s promise to contribute was without consideration and not enforcible. Anson on Contracts, [2 Am. Ed.], top pp. 90, 100; Philpot v. Griminger, 14 Wall. 570, 577; Bishop on Contracts, secs. 24, 37, 38, 77, 78, 117, 316, 389; Tiedeman on Commercial Paper, sec. 154; Brookes v. Owen, 112 Mo. 251, 261; Railroad v. Morely, 45 Mo. App. 304; Easley v. Gordon, 51 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. P. R. Elitoraet, Judge. Defendant’s promise to contribute was without consideration and not enforcible. Anson on Contracts, [2 Am. Ed.], top pp. 90, 100; Philpot v. Griminger, 14 Wall. 570, 577; Bishop on Contracts, secs. 24, 37, 38, 77, 78, 117, 316, 389; Tiedeman on Commercial Paper, sec. 154; Brookes v. Owen, 112 Mo. 251, 261; Railroad v. Morely, 45 Mo. App. 304; Easley v. Gordon, 51 Mo. App. 637, 641; Wendover v. Baker, 121 Mo. 273, 294; Ling enfelder v. Wainwright Brewing Company, 103 Mo. 578, 595; Clark on Contracts, secs. 65, 73, 86;…
1Opinion of the CourtBond, J.
This is an action upon a bank check drawn on June 15, 1894, by defendant in favor of plaintiff for the sum of $400, payment of .which was refused by the bank, wherefore judgment is demanded against the drawer. The answer admits the execution of the check, and pleads a want of consideration. The plaintiff introduced the check in evidence, and rested. Defendant’s- evidence was that a suit was brought *117against plaintiff for infringement of a patent, wherein a restraining order was made on January 17, 1893, which was rescinded April 21, 1893, after which date defendant agreed to give plaintiff…
2Cases cited5 opinions
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Marks v. Bank of MissouriSupreme Court of Missouri · 1843
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
- Kansas City, St. Joseph & Council Bluffs Railway Co. v. MorleyMissouri Court of Appeals · 1891
- Lancaster v. ElliotMissouri Court of Appeals · 1893
3Cited by7 opinions
- Cox v. A. P. Green Fire Brick Co.Missouri Court of Appeals · 1934
- Hume v. EagonMissouri Court of Appeals · 1900
- Brannock v. MagoonMissouri Court of Appeals · 1910
- Tucker v. DolanMissouri Court of Appeals · 1905
- Miller v. Missouri State Life InsuranceMissouri Court of Appeals · 1916
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