Page v. Becker
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Z. Ward and J. J. Page bought real estate of Lewis Hampton, and to secure the payment of the purchase money executed their notes at one and two years, with a mortgage upon the property. Subsequently, they sold the real estate to the defendant Becker, who assumed to pay said notes and mortgage as part payment of the purchase by him.
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Appeal from St. Louis Circuit Court. Z. Ward and J. J. Page bought real estate of Lewis Hampton, and to secure the payment of the purchase money executed their notes at one and two years, with a mortgage upon the property. Subsequently, they sold the real estate to the defendant Becker, who assumed to pay said notes and mortgage as part payment of the purchase by him. Becker failing to pay the note first falling due, the plaintiff Thomas S. Page paid the money due Hampton, and obtained the note, and then sued Becker upon the note, setting up a contract in writing between Ward and Page and the…
1Opinion of the CourtBates, Judge
This cause was heretofore submitted to the court, and an opinion prepared but not delivered. The parties now consent that the opinion may be filed and considered as the judgment of the court. The judgment of the court below is therefore reversed,
the other judges concurring. Ewing, Judge.
|The only question we deem it necessary to consider in this case is whether upon the agreement alleged in the petition Page could maintain the action. The general rule, to which it is claimed this case is an exception, is, that the person from whom the consideration of the contract actually moved is the party…
2Cases cited3 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Robbins v. AyresSupreme Court of Missouri · 1847
- Armstrong v. JohnsonSupreme Court of Missouri · 1858
3Cited by2 opinions
- Meyer v. LowellSupreme Court of Missouri · 1869
- T. W. Harvey Lumber Co. v. Herriman & Curd Lumber Co.Missouri Court of Appeals · 1890