Ensworth v. Barton
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. I. Plaintiff brought his suit in trover, and recovered judgment upon a special contract. . This cannot be done, even under the generous rules of practice provided by the code. (Wagn. Stat., 1058 ; Harris vs. Han. & St. Jo.
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Appeal from, Buchanan Circuit Court. I. Plaintiff brought his suit in trover, and recovered judgment upon a special contract. . This cannot be done, even under the generous rules of practice provided by the code. (Wagn. Stat., 1058 ; Harris vs. Han. & St. Jo. E. E. Co., 37 Mo., 307; Eobiuson vs. Eice, 20 Mo., 229 ; Beck vs. Ferrara, 19 Mo., 30; Duncan vs. Fisher, 18 Mo., 403; Link vs. Yaughn, 17 Mo., 585; Ransom vs. Wetmore, 39 Barb., 104; 1 Cliitty’s PI., 154.) I. As the case was tried by the court and developed by the testimony, the only question involved was, whether the defendant had…
1Opinion of the Court
Napton. Judge,
delivered the opinion of the court.
The petition in this case was as follows : Plaintiff states,, that in the year 1866, on or about that time, the firm of Farris & Short executed their note payable to Thomas D. Mackay or order, for about $900, with interest from date, in consideration of their indebtedness to him. The exact date, *512amount thereof, or time of payment, or rate per cent, interest, is not known to plaintiff, as he never saw the note. He further states that after said note became due, to-wit: the last of the year 1866, the said Mackay sold said note to plaintiff, for a…
2Cases cited1 opinion
- Harris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
3Cited by7 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- Bircher v. BoemlerSupreme Court of Missouri · 1907
- Bird v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Ensworth v. BartonSupreme Court of Missouri · 1878
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