Walker v. Mauro
Supreme Court of Missouri
Error to St. Louis Law Commissioner’s Court. 1. Neither an agreement to pay rent, nor an express contract with the tenant, nor reservation of rent need be alleged or proved; an understanding will be implied, and an agreement to pay what the premises are fairly worth understood, wherever a permissive holding is established. Taylor on Landlord and Tenant, 294, 295. O’Fallon, adm’r, v. Eoismenue, § Mo.
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Error to St. Louis Law Commissioner’s Court. 1. Neither an agreement to pay rent, nor an express contract with the tenant, nor reservation of rent need be alleged or proved; an understanding will be implied, and an agreement to pay what the premises are fairly worth understood, wherever a permissive holding is established. Taylor on Landlord and Tenant, 294, 295. O’Fallon, adm’r, v. Eoismenue, § Mo. Rep. 286. 2. In cases where an order is drawn for the whole of a particular fund, it amounts to an equitable assignment of that fund, and after-notice to the drawee, it binds the fund in his…
1Opinion of the Court
Gamble, Judge,
delivered tbe opinion of tbe court.
Tbe petition in tbis case states tbe fact that Scoffeld & Ferris were indebted to tbe plaintiff, and with sufficient distinctness alleges that Mauro, by being tbe tenant of S. & F. became indebted to them in tbe sum of $150 for rent. It next states, that S. & F. assigned to plaintiff tbe debt of tbe defendant on account of tbe rent due to them, and that such assignment is evidenced by an order drawn by S. & F. on tbe defendant for tbe whole amount due, which order tbe defendant refused to pay. The petition was demurred to and tbe demurrer…
2Cases cited2 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Dobyns v. McGovernSupreme Court of Missouri · 1852
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- First National Bank v. Dubuque Southwestern Railway Co.Supreme Court of Iowa · 1879
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