Gardner v. Armstrong
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Gardner, as trustee under a deed of trust made by one Adela Douthett to secure the payment of certain notes therein mentioned, sued Armstrong to recover damages occasioned by the refusal of the latter to comply with his purchase, at auction, of the premises described in the deed.
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Appeal from St. Louis Circuit Court. Gardner, as trustee under a deed of trust made by one Adela Douthett to secure the payment of certain notes therein mentioned, sued Armstrong to recover damages occasioned by the refusal of the latter to comply with his purchase, at auction, of the premises described in the deed. The petition alleges that Adela Douthett made the deed of trust to plaintiff, &c.; that said plaintiff sold the property at public vendue, for cash, and that defendant purchased at the price.of $8,000; that plaintiff tendered defendant a deed, who refused to accept the deed and…
1Opinion of the CourtDryden, Judge
The errors complained of in this case are that the circuit court refused, first, to arrest the judgment; and second, to grant the defendant a new trial. The point raised by the motion in arrest of judgment is based upon the ground that “ the petition does not state facts sufficient to constitute a cause of action.” It is urged in objection to the petition, that, as the plaintiff has no interest in the trust debt, the injury complained of was not an injury to him, but to the trust creditors, and therefore that he does not show in himself a cause of action. The objection assumes what is far…
2Cited by22 opinions
- Beebe v. the Columbia Axle Co.Missouri Court of Appeals · 1938
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Hurt v. FordSupreme Court of Missouri · 1898
- Graff v. FosterSupreme Court of Missouri · 1878
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