Rankin v. Childs
Supreme Court of Missouri
APPEAL from Cooper Circuit Court. 1. In the argument of this cause the counsel for appellants will insist that the guarantee of Childs to pay for the building materials which were sawed and furnished by plaintiffs to McCourtney, as therein and thereby specified, was and is a direct unconditional and positive undertaking on his part, and not a collateral or conditional one; and that the plaintiffs, to sustain their action were only bound to prove the making of the guaranty,…
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APPEAL from Cooper Circuit Court. 1. In the argument of this cause the counsel for appellants will insist that the guarantee of Childs to pay for the building materials which were sawed and furnished by plaintiffs to McCourtney, as therein and thereby specified, was and is a direct unconditional and positive undertaking on his part, and not a collateral or conditional one; and that the plaintiffs, to sustain their action were only bound to prove the making of the guaranty, and the delivery of the materials to McCourtney, mentioned in the bill theiefor, as made out by Childs; and that it was…
1Opinion of the CourtMcBride, J.
This was an action of assumpsit, brought by William and Smith Rankin, against the defendants, Childs & MeCourtney, in the Cooper circuit court, at the June term 1843. The declaration contains two counts; the first for joists, plank, and other building materials, sold and delivered to the defendants, for the work and labor of the plaintiffs, done at the request of defendants; for money paid, laid out, and expended; for money had and received, and on an account stated. The second count, and the one upon which the plaintiff mainly sought to recover against the defendant Childs, set forth and…
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- State v. QuisenberrySupreme Court of Missouri · 1982
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- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Barker v. ScudderSupreme Court of Missouri · 1874
- State v. RathboneIdaho Supreme Court · 1901
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