New York Store Mercantile Co. v. Chapman
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — TIon. John Gr. Wear, Judge. “It is neither uncommon nor unreasonable for a debtor to make provision by contract for the payment of his obligations; and if a purchaser of property, instead of paying the whole consideration, should assume to pay certain liabilities of his vendor, and be able to escape his obligation and retain the property, the statute would be one of frauds in a new sense.
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Appeal from the Butler Circuit Court. — TIon. John Gr. Wear, Judge. “It is neither uncommon nor unreasonable for a debtor to make provision by contract for the payment of his obligations; and if a purchaser of property, instead of paying the whole consideration, should assume to pay certain liabilities of his vendor, and be able to escape his obligation and retain the property, the statute would be one of frauds in a new sense. No such construction has ever been given it, and the courts of New York go so far as to hold that, though not a party to this independent agreement, the creditor may…
1Opinion of the Court
BLAND, P. L.
The petition alleges that defendant is indebted to it (a corporation) in the sum of $239.80 for goods, wares and merchandise sold and delivered by it to one J. M. Foster, and in one and the same count seeks to charge defendant for the goods on two theories. First, that Foster had theretofore transferred and delivered to defendant certain real estate and personal property in consideration that defendant should from the proceeds of the sale of said property, pay certain claims against Foster which he had as an attorney-at-law for collection and for further advances to be made and…
2Cases cited10 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Pettis County v. KingsburySupreme Court of Missouri · 1853
- Campbell v. Polk CountySupreme Court of Missouri · 1872
- Roberts v. WalkerSupreme Court of Missouri · 1884
- Lycett v. WolffMissouri Court of Appeals · 1891
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3Cited by1 opinion
- New York Store Mercantile Co. v. ChapmanMissouri Court of Appeals · 1901