Newton Grain Co. v. Pierce
Missouri Court of Appeals
Appeal from Greene. Circuit Court. — Hon. W. D. Hubbard, Special Judge. On the showing of plaintiff, the defendant is not liable under the statute of frauds. To constitute an original obligation on part of one, when the goods are delivered to another, it must be shown that credit was given solely upon the responsibility of the person making the promise. Rottman v. Fix, 25 Mo. App. 573; Price v. Chicago, 40 Mo. App. 194; Osborn v. Emery, '51 Mo. App. 413; Gill v. Reed, 55 Mo.
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Appeal from Greene. Circuit Court. — Hon. W. D. Hubbard, Special Judge. On the showing of plaintiff, the defendant is not liable under the statute of frauds. To constitute an original obligation on part of one, when the goods are delivered to another, it must be shown that credit was given solely upon the responsibility of the person making the promise. Rottman v. Fix, 25 Mo. App. 573; Price v. Chicago, 40 Mo. App. 194; Osborn v. Emery, '51 Mo. App. 413; Gill v. Reed, 55 Mo. App. 248; Rottmann v. Pohlmann, 28 Mo. App. 407; Bugbee v. Kendricken, 130 Mass. 437; Swift v. Pierce, 13 Allen 136.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The evidence shows that plaintiff: refused to sell Dennis feed on his own account, and in order to procure feed on credit, Dennis hunted up Pierce and the two went to plaintiff’s place of business; that Pierce said to plaintiff’s manager for him to let Dennis have feed and he would “stand good for it or pay for it;” that after-wards he made one or more payments to plaintiff for feed furnished Dennis; that, as found by the court trying the case, plaintiff charged the feed to the account of Dennis only. The explanation for thus keeping the account, as given by…
2Cases cited3 opinions
- Mackey v. SmithOregon Supreme Court · 1892
- Baldwin v. HiersSupreme Court of Georgia · 1884
- Cruse v. FosterSupreme Court of Georgia · 1886
3Cited by4 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Waggoner v. DavidsonMissouri Court of Appeals · 1915
- Rubey Trust Co. v. WeidnerMissouri Court of Appeals · 1913