Lansden v. McCarthy
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Tbe contract, was assignable. (North v. Turner, 9 Serg. & Rawle, 248; More v. Mazzini, 32 Cal. 92; Hay v. Smith, 49 Barb. 360 ; Merrill v. Grinnell, 30 N. Y. 594 ; Jorden v. Gillen, 44 N. H. 424.) I. The contract was executory, and could not legally be assigned to appellants. (Robson & Sharpe v. Drummond, 2 Barn. & Adol. 303 ; Lealiey v. Dugdale’s Adm’r, 27 Mo. 439.) n.
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Appeal from St. Louis Circuit Court. Tbe contract, was assignable. (North v. Turner, 9 Serg. & Rawle, 248; More v. Mazzini, 32 Cal. 92; Hay v. Smith, 49 Barb. 360 ; Merrill v. Grinnell, 30 N. Y. 594 ; Jorden v. Gillen, 44 N. H. 424.) I. The contract was executory, and could not legally be assigned to appellants. (Robson & Sharpe v. Drummond, 2 Barn. & Adol. 303 ; Lealiey v. Dugdale’s Adm’r, 27 Mo. 439.) n. The contract was personal in its character, and, as such, could not be assigned to appellants without the consent of respondent. (Robson et al. v. Drummond, supra.)
1Opinion of the CourtCurrier, Judge
The question here arises upon a demurrer to the petition. The petition shows substantially that .the defendant, on the 31st of May, 1864, entered into a written contract with Bedard & Knickerbocker, the plaintiffs’ assignors, by which he agreed to furnish to them, at the St. Charles Hotel, in Cairo, Illinois, all the fresh beef, pork, and mutton that might be ordered and required by said Bedard & Knickerbocker or their agents, for the use and consumption of said hotel, for the year 'then next ensuing, at ten cents per pound-, Bedard & Knickerbocker 'on their part agreeing to pay for the meat…
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