Southgate v. Atlantic & Pacific Railroad
Supreme Court of Missouri
Appeal from, Phelps County Circuit Court. I. The services were rendered for the South Pacific road, and 1. the petition failing to allege a consideration for the pretended promise of appellant to pay therefor, no proof can supply the defect. 2. Such promise should have consideration, (Cook vs. Elliot, 34 Mo., 586; Thorp Val. Verb. From., pp. 83-4, § 11) unless in writing, signed by appellant, would not be binding, (Wagn.
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Appeal from, Phelps County Circuit Court. I. The services were rendered for the South Pacific road, and 1. the petition failing to allege a consideration for the pretended promise of appellant to pay therefor, no proof can supply the defect. 2. Such promise should have consideration, (Cook vs. Elliot, 34 Mo., 586; Thorp Val. Verb. From., pp. 83-4, § 11) unless in writing, signed by appellant, would not be binding, (Wagn. Stat., 656, § 5) and it must have been made to appellant. (Page vs. Becker, 31 Mo., 466.) 3. There was no proof of any agreement so to pay; and no proof of any consolidation…
1Opinion of the CourtWagner, Judge
The plaintiff, an attorney, brought this action to recover the reasonable value of certain professional services, alleged to have been rendered defendant, and of certain other services *93rendered another corporation, which it is alleged, the defendant promised, after the services had been rendered, to pay.
The first count in the petition claimed fifteen hundred dollars for services performed, and for counsel and services as an attorney at law, rendered at defendant’s request.
The second count claimed the sum of one hundred arid thirty dollars for legal services rendered the South Pacific…
2Cases cited3 opinions
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Western Bank of Missouri v. GilstrapSupreme Court of Missouri · 1870
- Kiley v. ForseeSupreme Court of Missouri · 1874
3Cited by33 opinions
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- State v. HaysSupreme Court of Missouri · 1883
- Louisville, Evansville & St. Louis Railway Co. v. McVayIndiana Supreme Court · 1884
- Farmers State Bank v. HaunWyoming Supreme Court · 1924
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
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