German v. Gilbert
Missouri Court of Appeals
Appeal from t-lre Jackson Circuit Court. — Hon. E. P. Gates,Judge. (1) The court erred in overruling the demurrer to the petition and the objection to the introduction of any evidence under it. (2) In order that one promise may be the consideration for another, both promises must be concurrent in point of time and both parties must be bound.
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Appeal from t-lre Jackson Circuit Court. — Hon. E. P. Gates,Judge. (1) The court erred in overruling the demurrer to the petition and the objection to the introduction of any evidence under it. (2) In order that one promise may be the consideration for another, both promises must be concurrent in point of time and both parties must be bound. Beach on Cont., sec. 178; see, also, Tucker v. "Woods, 12 Johns. 190; Lester v. Jewett, 12 Barb. 502; Townsend v. Eisher, 2 Hilt (N. Y.) 47; Abbott’s Trial Brief on Pldg., sec. 188; Pope v. Mfg. Co., 107 N. Y. 61. (3) The court erred in refusing to give…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages on account of the breach of a verbal contract. The allegations of the petition were: (1) That one, Bean, executed to defendant Gilbert, agent for the other defendant, a chattel mortgage upon certain furniture in the Normandy Hotel to secure the payment of a promissory note for $791.51. (2) That Bean executed to plaintiff, as trustee, a deed of trust covering the property specified in the said chattel mortgage, previously executed to defendant Gilbert, to secure two notes, one to the Midland National Bank for $552.38 and the other to Mrs. Jenney for…
2Cases cited9 opinions
- Halsa v. HalsaSupreme Court of Missouri · 1843
- Lindell v. RokesSupreme Court of Missouri · 1875
- Moss v. GreenSupreme Court of Missouri · 1867
- Williams v. JensenSupreme Court of Missouri · 1882
- Houck v. FrisbeeMissouri Court of Appeals · 1896
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- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1906
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