Smith v. Thurston
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is a suit on a note brought in the Livingston circuit court and tried upon plaintiff’s first amended petition, as follows: “Plaintiff for his first amended petition in this cause states that defendants, George Thurston, under the name of G. Thurston, Francis E. Coffee, under the name of E. E. Coffee, Reuben T. Miller, under the name of R. T. Miller, Andrew W. Kapp, under…
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is a suit on a note brought in the Livingston circuit court and tried upon plaintiff’s first amended petition, as follows: “Plaintiff for his first amended petition in this cause states that defendants, George Thurston, under the name of G. Thurston, Francis E. Coffee, under the name of E. E. Coffee, Reuben T. Miller, under the name of R. T. Miller, Andrew W. Kapp, under the name of A. W. Kapp, Stephen W. Baugh, under the name of S. W. Baugh, James S. Stevens, under the name of Jas. S.…
1Opinion of the CourtEllison, J.
I regard this case as being directly controlled by that of Prior v. Kiso, 81 Mo. 241. There was evidence in this case tending to show *?that plaintiff agreed to pay to Thurston one hundred dollars if he would withdraw his answer and make no defence to the injunction. Plaintiff’s proposition was accepted and the answer of Thurston was withdrawn, and judgment taken against him by default, the one hundred dollars having been paid by paintiff.
Here, then, when the lease had yet to run from the September term of the circuit court till April 15, following, plaintiff, by bargain with the principal in…
2Cases cited2 opinions
- Jackson v. EddySupreme Court of Missouri · 1848
- Prior v. KisoSupreme Court of Missouri · 1883
3Cited by3 opinions
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- National Subway Co. v. City of St. LouisSupreme Court of Missouri · 1902
- Rieger v. WellesMissouri Court of Appeals · 1905