Cox ex rel. Cox v. Beltzhoover
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1. That the contract is valid, the promisee is sufficiently described by the terms of the note.— The word heirs, as used in the note, is merely discriptio personae, and it has several significations known in law, and the plaintiff was an heir in one sense when the note was given. See Cruise’s Digest, tit. Devise, ch. 10,sec. 23; Bac. Abr., tit. Heir, B; Bacon vs. Bitch, 1 Roote, 381; Lockwood vs. Jessup, 4 Conn.
Read the full summary
ERROR to St. Louis Circuit Court. 1. That the contract is valid, the promisee is sufficiently described by the terms of the note.— The word heirs, as used in the note, is merely discriptio personae, and it has several significations known in law, and the plaintiff was an heir in one sense when the note was given. See Cruise’s Digest, tit. Devise, ch. 10,sec. 23; Bac. Abr., tit. Heir, B; Bacon vs. Bitch, 1 Roote, 381; Lockwood vs. Jessup, 4 Conn. R., 272, 2nd series or vol. 9. We are to look at the intent, rather than the grammatical or technical sense. When a word is capable of two or more…
1Opinion of the CourtMcBride, J.
This was an action of assumpsit brought by Cox against Beltzhoover in the Circuit Court of St. Louis upon the following instrument of writing:—
“I, Samuel S. Beltzhoover, hereby agree to pay the heirs of Mrs-Elizabeth Cox, by her marriage with William Cox, the sum of seven hundred and seventy-five dollars, it being the amount due them from Frederick W. Beltzhoover and assumed by me, in part consideration for a lot of ground on block seventy-six, and improvements, this day conveyed to me by said Frederick W. Beltzhoover.' St. Louis, November 12,1842.” (Signed) Samuel S. Beltzhoover.”
*145The…
2Cases cited1 opinion
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
3Cited by5 opinions
- Owens v. Automobile Recovery Bureau, Inc.Missouri Court of Appeals · 1976
- Houston v. Columbia Federal Savings & Loan Ass'nMissouri Court of Appeals · 1978
- Nunner v. EricksonOregon Supreme Court · 1935
- Browder v. PhinneyWashington Supreme Court · 1905
- In re BartlesNew Jersey Court of Chancery · 1880