McNulty v. Collins
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The appellant insists that the judgment is erroneous, for the reasons assigned in arrest of judgment. 1st. The instrument of writing sued upon, as described in the declaration, does not impart a consideration. 2d. The instrument as described in the declaration, is but a written agreement, and a consideration must be averred and proved in order to sustain an action upon it. 3d.
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Appeal from St. Louis Circuit Court. The appellant insists that the judgment is erroneous, for the reasons assigned in arrest of judgment. 1st. The instrument of writing sued upon, as described in the declaration, does not impart a consideration. 2d. The instrument as described in the declaration, is but a written agreement, and a consideration must be averred and proved in order to sustain an action upon it. 3d. The declaration is insufficient, in that it alleges no promises by the defendant, nor any consideration for the agreement. In declaring upon a contract not under seal, the…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
This was an action of assumpsit brought by Charles Collins, against the appellant. The declaration alleged that on the 17th July, 1838, the appellant made his certain instrument of writing of that date, and thereby acknowledged *70there was due from him to plaintiff the sum of nineteen hundred dollars, &c., payable in soap and candles, at the St. Louis market prices, for value received, which said instrument is dated at the day and year aforesaid, &c. 'And said plaintiff states that he has demanded said sum of money in SOap and candles, according to the tenor…
2Cited by6 opinions
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Swift v. Central Union Fire InsuranceSupreme Court of Missouri · 1919
- Swift v. Central Union Fire InsuranceMissouri Court of Appeals · 1916
- Robinson v. WeltyWest Virginia Supreme Court · 1895
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