Legal Opinion

Philibert v. Burch

Missouri Court of Appeals

Decided November 20, 1877PublishedCited by 6 opinions

Appeal from St. Louis Circuit Court. Guaranty. — Rankin v. Ohilds, 9 Mo. 673; Central Savings-Bank v. Shine, 48 Mo. 456; 2 Pars, on Con. 18 ; 2 Story on Con., sec. 1123. When plaintiff sets up a contract in his petition, he cannot recover on a different contract, though it be set up in the defendant’s answer.- — Perry v. Barret, 18 Mo. 145. Pleadings ; departure. — The State v. Grimsley, 19 Mo. 177; Sterns v. Patterson, 14 Johns. 132; Palmer v. Stone, 2 Wilson, 96. Principal…

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Appeal from St. Louis Circuit Court. Guaranty. — Rankin v. Ohilds, 9 Mo. 673; Central Savings-Bank v. Shine, 48 Mo. 456; 2 Pars, on Con. 18 ; 2 Story on Con., sec. 1123. When plaintiff sets up a contract in his petition, he cannot recover on a different contract, though it be set up in the defendant’s answer.- — Perry v. Barret, 18 Mo. 145. Pleadings ; departure. — The State v. Grimsley, 19 Mo. 177; Sterns v. Patterson, 14 Johns. 132; Palmer v. Stone, 2 Wilson, 96. Principal and surety. — Brown v. Biggin, 3 Nelly (Ga.), 505; Long v. Brovam, 3 Stockt. 59; Hub-bon v. Carpenter, 5 Barb. 520.…

1Opinion of the CourtLewis, P. J.

The petition states, in substance, that the plaintiffs, Phili-bert & Johanning, a partnership firm, are the successors of Philibert & Branconnier, who, in 1872, contracted with defendant for the sale and delivery to him of certain manufactured lumber and materials, to be used in the building of a female academy at Fulton, for which defendant was to pay them $3,000; that plaintiffs have, by assignment, succeeded to all the rights of Philibert & Branconnier in the contract; that on May 31, 1872, “by authority and direction in writing, of that date, signed by defendant, said Philibert &…

2Cases cited2 opinions

  1. Noonan v. LeeSupreme Court of the United States · 1863
  2. Rankin v. ChildsSupreme Court of Missouri · 1846

3Cited by6 opinions

  1. Skinker v. HaagsmaSupreme Court of Missouri · 1889
  2. Darnell v. LaffertyMissouri Court of Appeals · 1905
  3. Here & Frerichs Chemical Co. v. LineMissouri Court of Appeals · 1897
  4. Welsh v. EdmissonMissouri Court of Appeals · 1891
  5. Herf & Frerichs Chemical Co. v. Lackawanna LineMissouri Court of Appeals · 1903

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