Higgins v. Dellinger
Supreme Court of Missouri
Error to Cole Circuit Court. Action for money paid by plaintiff to the use of the defendant, Frederick Dellinger. At the trial, it appeared in evidence that in 1848 Samuel Dellinger applied to William C. Young, stating that his brother, the defendant, who was ihen in Virginia, had written requesting him to send him some money, and that he had none on hand, and desired to borrow.
Read the full summary
Error to Cole Circuit Court. Action for money paid by plaintiff to the use of the defendant, Frederick Dellinger. At the trial, it appeared in evidence that in 1848 Samuel Dellinger applied to William C. Young, stating that his brother, the defendant, who was ihen in Virginia, had written requesting him to send him some money, and that he had none on hand, and desired to borrow. Young consented to loan him $300, and at his request enclosed a draft for that amount in a letter to the defendant. In the spring of 1849, Young applied to Samuel for security for the money loaned, who thereupon…
1Opinion of the CourtLeonard, Judge
If Samuel Dellinger borrowed the money as the agent of his brother Frederick, and afterwards, to secure its repayment, gave his own note, with the plaintiff, as his security, who subsequently paid the money, it was the duty of the defendant to refund it to the plaintiff, and the law will imply a promise between these parties to that effect; and if this were so, it is quite immaterial in this case that the agent did not divulge his agency, or the name of his principal, or that the money was loaned originally by Young, and the contract of suretiship subsequently entered into by Higgins, upon…
2Cited by10 opinions
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Kelly v. ThueySupreme Court of Missouri · 1890
- Mantz v. MaguireMissouri Court of Appeals · 1892
- Nichols, Shepard & Co. v. KernMissouri Court of Appeals · 1888
- City Trust v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1902
5 more not listed; retrieve them via the Exa API.