Shearer v. Guardian Trust Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) The contract upon which it is sought to hold the appellant is a verbal agreement, either (a) to answer for the debt, default or miscarriage of another, or (b) a contract concerning' an interest in real estate, neither of which can be proved under the statute of frauds. R. S. 1899, secs. 974, 1427, 3418; Osborn v. Emery, 51 Mo. App. 408; Rottman v. Pohlman, 28 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) The contract upon which it is sought to hold the appellant is a verbal agreement, either (a) to answer for the debt, default or miscarriage of another, or (b) a contract concerning' an interest in real estate, neither of which can be proved under the statute of frauds. R. S. 1899, secs. 974, 1427, 3418; Osborn v. Emery, 51 Mo. App. 408; Rottman v. Pohlman, 28 Mo. App. 399; Bryan v. Jamison, 7 M'o. 106; Allen v. Richards, 83 Mo. 53. (2) The cause of action, if any ever existed, arose more than five years before this suit…
1Opinion of the CourtEllison, J.
This action was brought by plaintiff to recover money alleged to have been paid for defendant on a judgment rendered against plaintiff on account of a warranty plaintiff made of lands held, sold and deeded by plaintiff for defendant. There was a trial and verdict for plaintiff for $826.20. Defendant, on the third day thereafter, filed a motion for judgment non obstante veredicto, which was overruled.
A motion for judgment non obstante veredicto is not a motion allowed to the defendant in a cause. In point of legal practice it is a motion which a plaintiff may make where on account of…
2Cases cited6 opinions
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Hurt v. FordSupreme Court of Missouri · 1898
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- Pinney v. FridleySupreme Court of Minnesota · 1864
- Bradley Fertilizer Co. v. CaswellSupreme Court of Vermont · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Meffert v. LawsonSupreme Court of Missouri · 1926
- Nulsen v. National Pigments & Chemical Co.Supreme Court of Missouri · 1940
- King v. Kaw-Mo Wholesale Grocer Co.Missouri Court of Appeals · 1915