Lancaster v. Elliott
Missouri Court of Appeals
Appe'al from the St. Louis Circuit Court, Si-iepard Barclay, Judge. A written contract, to be binding, must be delivered, and takes effect only from delivery. Bunsen v. Huntington, 21 Mich. 415. This is true, whether the instrument be un.der sealjor not, and whether it be a deed, a promissory note, or any other written contrae^. 4 Kent Com. (9 Ed.) *454; Smith .Cont. [2 Eng. Ed.] 6; 1 Chitt. Cont. [11 Am.
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Appe'al from the St. Louis Circuit Court, Si-iepard Barclay, Judge. A written contract, to be binding, must be delivered, and takes effect only from delivery. Bunsen v. Huntington, 21 Mich. 415. This is true, whether the instrument be un.der sealjor not, and whether it be a deed, a promissory note, or any other written contrae^. 4 Kent Com. (9 Ed.) *454; Smith .Cont. [2 Eng. Ed.] 6; 1 Chitt. Cont. [11 Am. Ed.] 4; Hawkes v. Pike, 105 Mass. 560 ; Watkins v. Wash, Law Rep. 20 Eq. 261; McPherson v. Meek, 30 Mo. 347 ; Williams v. Williams, 67 Mo. 665; Carter v. McClintock, 29 Mo. 464. To…
1Opinion of the CourtLewis, P. J.
This action was brought upon the following bond : “Know all men by these presents that we, Ida M. Lancaster, as principal, and Henry Elliott and Henry Elliott, Jr., as sureties, are held and firmly bound unto Gona Lancaster, in the sum of one thousand dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators jointly and severally by these presents. Sealed with our seals *88and dated this 16th day of July, 1884. The condition of the above obligation is such, that whereas, on the 17th day of July, 1884, a decree was rendered in cause…
2Cases cited4 opinions
- Sawyer v. BrossartSupreme Court of Iowa · 1885
- Falls Wire Manufacturing Co. v. BroderickMissouri Court of Appeals · 1883
- Stotesburg v. MassengaleMissouri Court of Appeals · 1883
- Coleman v. RobertsSupreme Court of Missouri · 1821
3Cited by6 opinions
- Embry v. HargadineMissouri Court of Appeals · 1907
- Lukowski v. LukowskiMissouri Court of Appeals · 1904
- Lancaster v. ElliotMissouri Court of Appeals · 1890
- Lancaster v. ElliotMissouri Court of Appeals · 1893
- Denton v. McInnisMissouri Court of Appeals · 1900
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