Chase v. Willman Mercantile Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) To entitle respondent to recover, tbe evidence must show some privity existing between tbe parties in relation to tbe money sought to be recovered. 2 Eney. of Pleading and Practice, p. 1021, sec. 2, and authorities there cited; Diecey on Parties to Actions, 2 Am.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) To entitle respondent to recover, tbe evidence must show some privity existing between tbe parties in relation to tbe money sought to be recovered. 2 Eney. of Pleading and Practice, p. 1021, sec. 2, and authorities there cited; Diecey on Parties to Actions, 2 Am. Add., pp. 110, 111; Keener on Quasi Contracts,p. 167; Hall v. Carpen, 27 111. 385. (2) The appellant has shown by the evidence that it did not receive the money as the money of the respondent, but it was paid to it and received by it in payment of the claim…
1Opinion of the CourtGill, J.
Plaintiffs and defendant, who were engaged in business at St. Joseph, Missouri, each had an account against one Stout, an insolvent confectioner, at DeWitt, Nebraska. The claim of the Chases amounted to about $90, and that of the Willman Company to about $100. In August, 1893, plaintiffs sent their account to a firm of attorneys in Nebraska for collection. The attorneys presented the demand to Stout, who, though not then ready to pay, gave as security the written personal indorsement of a third party, due in sixty days. About three weeks thereafter the defendant placed its claim against Stout…
2Cases cited1 opinion
- Winningham v. FancherMissouri Court of Appeals · 1893
3Cited by2 opinions
- Quarles v. S. H. Hall & Co.Missouri Court of Appeals · 1903
- Wassell v. Pullman Trust & Savings BankAppellate Court of Illinois · 1933