Rutherford v. Williams
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. 1. This is not an action of assumpsit, because it is not founded on any agreement either express or implied. Assumpsit lies to recover damage for the non-performance of a parol or simple contract.
Read the full summary
Appeal from St. Louis Circuit Court. 1. This is not an action of assumpsit, because it is not founded on any agreement either express or implied. Assumpsit lies to recover damage for the non-performance of a parol or simple contract. An action of assumpsit cannot be sustained unless an express agreement is shown, or a state of facts is shown from which an agreement may, under the law, be implied; and in either case a sufficient consideration for the undertaking must be shown— I Chitty Plead, p. 88 ; Cutter v. Powell, 2 Sm. Lead; Cases, 13 ; II Wend. 67. 2. It is not a special action on the…
1Opinion of the CourtHolmes, Judge
The petition states in substance that the plaintiff, on the 26th day of March, 1860, obtained a loan of money from the defendant, and secured the same by a principal note for the sum of five thousand five hundred dollars, payable at three years from date, with separate notes for the semi-annual interest, together with a deed of trust on his farm, of the value, as alleged, of twenty-five thousand dollars, containing a power to sell on failure of pay*22ment; that usurious interest was retained by the defendant out of the sum loaned; that some two years afterward, the interest notes then due not…
2Cases cited10 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Allen v. AddingtonNew York Supreme Court · 1831
- Ransom v. HaysSupreme Court of Missouri · 1867
- Goode v. ComfortSupreme Court of Missouri · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lillian M. Lewellen, Appellant/Cross-Respondent v. Chad Franklin and Chad Franklin National Auto Sales North, LLC, Respondents/Cross-Appellants.Supreme Court of Missouri · 2014
- Turner v. BakerSupreme Court of Missouri · 1876
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Barker v. ScudderSupreme Court of Missouri · 1874
15 more not listed; retrieve them via the Exa API.