Allen West Commission Co. v. Richter
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) Consideration is presumed from signature. R. S. 1909, sec. 2774; Wulze y. Schaefer, 37 Mo. App. 551. And it is not necessary to plead any consideration. Eyermann v. Pirón, 151 Mo. 115; Montgomery County v. Auchley, 92 Mo. 126. (2) Under the Statute of Frauds it is unnecessary to state the consideration in the promise to pay the debt of another.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) Consideration is presumed from signature. R. S. 1909, sec. 2774; Wulze y. Schaefer, 37 Mo. App. 551. And it is not necessary to plead any consideration. Eyermann v. Pirón, 151 Mo. 115; Montgomery County v. Auchley, 92 Mo. 126. (2) Under the Statute of Frauds it is unnecessary to state the consideration in the promise to pay the debt of another. Little v. Nabb, 10 Mo. 3; Roberts v. Griswold, 35 Yt. 496; Standard Supply Company v. Finch, 154 N. C. 456; Black v. Mc-Bain, 32 Ga. 128; Reid v. Evans, 17 Ohio, 128; King v.…
1Opinion of the Court
This action was commenced in the Circuit Court of the City of St. Louis, on September 14, 1917. The petition alleges that plaintiff is a Missouri corporation; that the Piggott Store Company was also a Missouri corporation; that on September 1, 1914, there was due plaintiff, from the last named company, the sum of $10,755.13, as per account then rendered; "that on November 1, 1914, the defendant, in writing, herewith filed and marked `Exhibit A,' guaranteed and promised to pay said sum, and plaintiff forebore to prosecute said claim in consideration thereof; that plaintiff has frequently…
2Cases cited15 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- McMahan v. GeigerSupreme Court of Missouri · 1880
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3Cited by7 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Long v. KyteSupreme Court of Missouri · 1960
- Ireland v. ShukertMissouri Court of Appeals · 1943
- State Ex Rel. Hoyt v. ShainSupreme Court of Missouri · 1936
- Custom Head, Inc. v. KraftMissouri Court of Appeals · 1968
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