Alexander v. Wade
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — -Non, E. M. Hughes, Judge. (1) There was no debt contracted for on the part ' of the defendant, for it was a complete and executed' contract and nothing left to be performed by either party, and there being no intent to defraud on the part .of Wade shown, an attachment did not lie under the fourteenth subdivision of the attachment act.
Read the full summary
Appeal from Montgomery Circuit Court. — -Non, E. M. Hughes, Judge. (1) There was no debt contracted for on the part ' of the defendant, for it was a complete and executed' contract and nothing left to be performed by either party, and there being no intent to defraud on the part .of Wade shown, an attachment did not lie under the fourteenth subdivision of the attachment act. R. S. 1899, sec. 336; Finley v. Bryson, 84 Mo. 664; Wallen v. Railroad, 74 Mo. 521; Ederlin v. Judge, 36 Mo. 350; Hoagland v. Railroad, 39 Mo. 451; McDonald v. Forsyth, 13-Mo. 541; Riles, Wilson & Co. v. Shelly Mfg. Co.,…
1Opinion of the CourtReyburn, J.
In September, 1902, plaintiff sold and delivered a stock of groceries to defendant; as payment for these goods, defendant agreed to convey land in Christian county, Missouri, described in a deed in his possession, assuming to be executed by one Joseph Ward, with the place of the name of the grantee therein left blank, and to be filled up subsequently. The testimony tended to show that defendant stated to plaintiff, that the title to the land was good, and he exhibited tO' him an abstract of title in reply to inquiry therefor, purporting to show that the grantor, Ward, had a per-*324feet title to…
2Cases cited5 opinions
- Cottrill v. KrumSupreme Court of Missouri · 1890
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
- Littlejohn v. JacobsWisconsin Supreme Court · 1886
- Kansas City Stained Glass Works & Sign Co. v. RobertsonMissouri Court of Appeals · 1898
- Richards v. HarrisonMissouri Court of Appeals · 1897
3Cited by3 opinions
- Leonard v. MartinMissouri Court of Appeals · 1916
- Mengwasser v. TackittMissouri Court of Appeals · 1955
- Brolaski v. CarrMissouri Court of Appeals · 1907