Pfeiffer v. Kingsland
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action upon the following guaranty, bearing date October 27,1832 : “ "We agree to guaranty that Mr. M. Drummond will do all that he says he will do in building machinery for a two horse grist-mill for Mr. Pfeiffer. [Signed] Kingsland & Cuddy.” Drummond had agreed, August 4, 1852, to build and finish for Pfeiffer the machinery for a two horse grist-mill.
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Error to St. Louis Court of Common Pleas. This was an action upon the following guaranty, bearing date October 27,1832 : “ "We agree to guaranty that Mr. M. Drummond will do all that he says he will do in building machinery for a two horse grist-mill for Mr. Pfeiffer. [Signed] Kingsland & Cuddy.” Drummond had agreed, August 4, 1852, to build and finish for Pfeiffer the machinery for a two horse grist-mill. The plaintiff failing to show any consideration for said guaranty moving between himself and defendants, the court excluded evidence tending to show a breach of the original contract on the…
1Opinion of the CourtScott, Judge
A sufficient consideration, or recompense, or motive, or inducement, to make the promise upon which a party is charged is of the essence of a contract not under seal except in cases where the statute law has introduced a different rule. A promise by a party, even in writing, to pay a debt already incurred by a third person • is not available if there be no new consideration. An undertaking to answer for the debt of another, though in writing, is void if no consideration move between the plaintiff and defendant, either of forbearance or otherwise. A guaranty of a note, like any other promise,…
2Cases cited1 opinion
- Leonard v. VredenburghNew York Supreme Court · 1811
3Cited by10 opinions
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Allen West Commission Co. v. RichterSupreme Court of Missouri · 1921
- Eitel v. FarrMissouri Court of Appeals · 1914
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