Barker v. Scudder
Supreme Court of Missouri
Jippeal from St. Louis Circuit Court. I. Notice should have been averred and proved. (Lewis vs. Bradley, 2 Ired., 305.; Herring’s case, Cro. Jac. 432, .2 Saund., 62; Rex vs. Holland, 5 Tenn., 62; Spooner vs. Baxc ter, 16 Pick, 419 ; Greece vs. Ricks, 3 Dev., 362; Adcock v. Fleming, 2 Dev. & Bat., 470; Lewis vs. Brewster, 2 McLean, 31; Sage vs. Wilcox, 6 Conn. 31; Rankin vs. Childs, 9 Mo.j 674.) I. Notice of non-payment was not necessary. (2 Am. Lead.
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Jippeal from St. Louis Circuit Court. I. Notice should have been averred and proved. (Lewis vs. Bradley, 2 Ired., 305.; Herring’s case, Cro. Jac. 432, .2 Saund., 62; Rex vs. Holland, 5 Tenn., 62; Spooner vs. Baxc ter, 16 Pick, 419 ; Greece vs. Ricks, 3 Dev., 362; Adcock v. Fleming, 2 Dev. & Bat., 470; Lewis vs. Brewster, 2 McLean, 31; Sage vs. Wilcox, 6 Conn. 31; Rankin vs. Childs, 9 Mo.j 674.) I. Notice of non-payment was not necessary. (2 Am. Lead. Cas. 60, 133; Stern vs. Marks, 35 Barb., 565; Lamp-herd vs. Cowan, 42 Term., 175; James vs. Scott, 59 Pa. St., 182; 2 Am. Lead. Cases, [5th.…
1Opinion of the CourtWagner, Judge
This was an action on a verbal guaranty. The petition set forth that plaintiff sold defendant a certain lot of ground in consideration that defendant would pay off and discharge an encumbrance.on the same for $5,000, and pay plaintiff a further sum of $5,000; that defendant paid plaintiff $241 in cash, and for the balance of the $5,000 delivered two certain notes of Barton Able, indorsed by Dan. Able, each for $2,379.50, at sixty and ninety days, which notes defendant then and there guaranteed and promised the plaintiff would be paid at the times they fell due respectively, or, if not paid at…
2Cases cited7 opinions
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Rankin v. ChildsSupreme Court of Missouri · 1846
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Carter v. BlackSupreme Court of Missouri · 1870
- Besshears v. RoweSupreme Court of Missouri · 1870
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3Cited by21 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Judd v. WalkerMissouri Court of Appeals · 1905
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
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