Livingston v. Dugan
Supreme Court of Missouri
•Appeal from Washington Circuit Court. This was an action originally begun before a justice of the peace by Livingston against Dugan, to recover money paid for medical attendance upon a slave, and for services in nursing. It appeared that a suit was pending by Dugan and his brothers against Livingston, to recover the slave, Livingston being in possession, under a claim of title by purchase in good faith for a valuable consideration.
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•Appeal from Washington Circuit Court. This was an action originally begun before a justice of the peace by Livingston against Dugan, to recover money paid for medical attendance upon a slave, and for services in nursing. It appeared that a suit was pending by Dugan and his brothers against Livingston, to recover the slave, Livingston being in possession, under a claim of title by purchase in good faith for a valuable consideration. The slave became sick, and during his sickness, as a witness testified, Dugan came to Livingston’s house and promised to pay the latter the bill which he might…
1Opinion of the CourtScott, Judge
1. Erom the facts in this case, we do not conceive that the principle that a past or executed consideration will not sustain a promise has any thing to do rvith it. Dugan promises to pay Livingston a sum of money, on condition that Livingston will thereafter pay that sum to another. Here the consideration is not past nor executed. Whether it is a valuable consideration is another question. A suit was pending for a slave, and some discussion arose between the parties as to the liability for the expense for medical services and nursing incurred for him. This would seem to place the case on the…
2Cited by7 opinions
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