Robbins v. Ayres
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. That a stranger to the consideration can maintain no action, and if this be good law, the court erred in refusing the defendant’s instructions. See Price vs. Easton, 4 Barn. & Aid., 433; affirming the case of Crow vs. Rogers, 1 Strange, 592; Bent vs. Brainerd, 1 Mo. R., 285; Thornton vs. Smith, et at., 7 Mo. R., 89; Chauvin vs. Labarge, 1 Mo., 556; Wain vs. Walters, 5 East.
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APPEAL from St. Louis Circuit Court. 1. That a stranger to the consideration can maintain no action, and if this be good law, the court erred in refusing the defendant’s instructions. See Price vs. Easton, 4 Barn. & Aid., 433; affirming the case of Crow vs. Rogers, 1 Strange, 592; Bent vs. Brainerd, 1 Mo. R., 285; Thornton vs. Smith, et at., 7 Mo. R., 89; Chauvin vs. Labarge, 1 Mo., 556; Wain vs. Walters, 5 East. R., 10; 2 Smith’s L. C., 147; Law Library, 21, 107. A similar rule applies to deeds, that none hut parties to a deed can sue upon it, and then the instruction was erroneously…
1Opinion of the CourtScott, J.
This was an action of assumpsit on the common count;, and a special *540count; plea, non-assumpsit; verdict and judgment for Ayres, plaintiff below.
It appears that H. B. Dickinson was the owner of a diving bell boat, used in taking up the cargoes of steamboats that had been sunk. The boat was employed in the Mississippi. While' employed, Dickinson sold out to the appellant, defendant below. An instrument of writing under seal, was executed between Dickinson & Robbins, by which Dickinson sold the boat to Robbins, and Robbins stipulated to pay the hands employed on the boat the sum of six hundred…
2Cases cited2 opinions
- Barker v. BucklinNew York Supreme Court · 1846
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3Cited by24 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
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- Crone v. StindeSupreme Court of Missouri · 1900
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