Legal Opinion

Newland College of Obstetrics & Lying-In Institute v. Borck

Missouri Court of Appeals

Decided February 10, 1891PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) A promise to pay the debt of another is valid. Rottman v. Pohlman, 28 Mo. App. 399. (2) Where it is evident that the testimony rejected might have changed the result, and was competent and relevant, this court will reverse the judgment. 1Wilson v. Board of Ed., 63 Mo. 137 ; Wilson v. Allen, 67 Mo. 502 ; In re Bishoff v. Stumpf, 10 Mo. App. 474; Broom v. Wright, 15 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) A promise to pay the debt of another is valid. Rottman v. Pohlman, 28 Mo. App. 399. (2) Where it is evident that the testimony rejected might have changed the result, and was competent and relevant, this court will reverse the judgment. 1Wilson v. Board of Ed., 63 Mo. 137 ; Wilson v. Allen, 67 Mo. 502 ; In re Bishoff v. Stumpf, 10 Mo. App. 474; Broom v. Wright, 15 Mo. App. 406; Chaffee v. Railroad, 64 Mo. 193. Or may have been prejudicial. Barclay v. Bates, 2 Mo. App. 139. (3) Where the verdict or finding is…

1Opinion of the CourtRombauer, P. J.

The plaintiff sued the defendant before a justice for $80 tuition fee of the defendant’s niece, claiming that the tuition was given upon the defendant’s express promise to pay for the same. The defendant denied the promise, and filed a counterclaim for $190, which he claimed wa,s due to him as a balance for lectures delivered in plaintiff’s college at its request. Upon appeal in the circuit court such proceedings were had that, upon a trial of the cause before the court without a jury, judgment was rendered in favor of the *21defendant in the main action, and against the defendant on his…

2Cases cited5 opinions

  1. Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
  2. Wilson v. AlbertSupreme Court of Missouri · 1886
  3. Ackley v. StaehlinSupreme Court of Missouri · 1874
  4. Henry v. BellSupreme Court of Missouri · 1881
  5. Rottmann v. PohlmannMissouri Court of Appeals · 1888

3Cited by1 opinion

  1. Howe v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1898

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