Nelson v. Brown
Supreme Court of Missouri
Appeal from Jacltson Circuit Court. — Hon. Edwabd L. Scaeeitt, Judge. (1) The court erred in excluding evidence offered by defendant to show that John W. Henry, as a part of the consideration for the conveyance from defendant to him, agreed to assume the indebtedness herein sued for. An agreement to assume mortgage as part of the consideration need not be in writing. Ely v. McNight, 30 How. Pr.
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Appeal from Jacltson Circuit Court. — Hon. Edwabd L. Scaeeitt, Judge. (1) The court erred in excluding evidence offered by defendant to show that John W. Henry, as a part of the consideration for the conveyance from defendant to him, agreed to assume the indebtedness herein sued for. An agreement to assume mortgage as part of the consideration need not be in writing. Ely v. McNight, 30 How. Pr. (N. Y.) 97; Wright v. Bridges, 99 Ind. 565. (2) The consideration of a deed is open to explanation for the purpose of showing the true consideration. Allen v. Kennedy, 91 Mo. 324; Bowen v. Kurts, 37…
1Opinion of the CourtBurgess, J.
This is an action upon three-negotiable promissory notes, of the same date, executed by defendant Brown to Charles R. Lockridge, due one, two and three years after date, respectively, and to foreclose Brown’s equity of redemption in certain city lots under a deed of trust in the nature of a mortgage made by Brown to one Victor B. Bell, trustee, to secure the payment of said notes, which were all indorsed *584in writing, and for a valuable consideration .sold and delivered to plaintiff by said Loekridge' before maturity in the usual course of business. The petition is in the usual form in such…
2Cases cited17 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Murray v. . MarshallNew York Court of Appeals · 1884
- King v. BaldwinNew York Court of Chancery · 1817
- Heim v. VogelSupreme Court of Missouri · 1879
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3Cited by37 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- State Ex Rel. LeFevre v. StubbsSupreme Court of Missouri · 1982
- Prudential Insurance Co. of America v. BassIllinois Supreme Court · 1934
- Citizens Mercantile Co. v. EasomSupreme Court of Georgia · 1924
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
32 more not listed; retrieve them via the Exa API.