Hicks v. Hamilton
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Though the deed from Clark to Cowling did not bind Cowling to pay plaintiff’s note, still if the defendant took a deed from Cowling in and by which he agreed to pay plaintiff’s debt, then defendant is legally bound and liable to plaintiff on such agreement, it having been made for plaintiff’s benefit. Dean v. Walker, 107 111. 540; Daub v. Kngleman, 109 111. 267; Brewer v. Maurer, 38 Ohio St. 543; Merriman v. Moore, 90 Pa.
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Transferred from Kansas City Court of Appeals. (1) Though the deed from Clark to Cowling did not bind Cowling to pay plaintiff’s note, still if the defendant took a deed from Cowling in and by which he agreed to pay plaintiff’s debt, then defendant is legally bound and liable to plaintiff on such agreement, it having been made for plaintiff’s benefit. Dean v. Walker, 107 111. 540; Daub v. Kngleman, 109 111. 267; Brewer v. Maurer, 38 Ohio St. 543; Merriman v. Moore, 90 Pa. St. 81; Heim v. Vogel, 69 Mo. 529; Fitzgerald v. Barker, 85 Mo. 13. (2) A party can either reject or ratify a transaction…
1Opinion of the CourtWilliams, J.
Plaintiff held a note secured by a deed of trust upon a lot in Kansas City belonging to one Clark, the maker of the note. Clark conveyed the property subject to said deed of trust to Cowling, but without any assumption by the latter of the mortgage debt. Cowling subsequently transferred said real estate, by warranty deed, to defendant. This deed contains a clause stating that the grantee therein "assumes and agrees to pay” said debt. The’ property, after the *497conveyance to defendant, was sold under the deed of trust. There was not enough realized to pay plaintiff’s note, and, after crediting…
2Cases cited10 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Heim v. VogelSupreme Court of Missouri · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Meyerson v. New Idea Hosiery Co.Supreme Court of Alabama · 1927
- Crone v. StindeSupreme Court of Missouri · 1900
- Home v. SellingOregon Supreme Court · 1919
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Corkrell v. PoeWashington Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.