Amonett v. Montague
Supreme Court of Missouri
Appeal from Howard County Circuit Court. I. If the debts of the covenantees were separate, the agreement, sued on, though joint in its terms, was joint or several. (1 Chit. Plead, pp. 10, 11 ; 1 Saund. 154, note 1 ; 8 Taunt. 247, 248; 2 Mass. 405; 6 Wend. 268 ; 4 Wend. 414; 19 John. 216 ; 13 East. 588 ; 1st Pars. 17 ; 51 Mo. 466 ; 17 Mo. 150 ; 19 Mo. 42 ; 1 Mon. 13 ; 4 Pick. 291; 2Dana, [Kv.] 460.) II. The .contract sued on was made with Robt.
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Appeal from Howard County Circuit Court. I. If the debts of the covenantees were separate, the agreement, sued on, though joint in its terms, was joint or several. (1 Chit. Plead, pp. 10, 11 ; 1 Saund. 154, note 1 ; 8 Taunt. 247, 248; 2 Mass. 405; 6 Wend. 268 ; 4 Wend. 414; 19 John. 216 ; 13 East. 588 ; 1st Pars. 17 ; 51 Mo. 466 ; 17 Mo. 150 ; 19 Mo. 42 ; 1 Mon. 13 ; 4 Pick. 291; 2Dana, [Kv.] 460.) II. The .contract sued on was made with Robt. Y. Montague by defendants, and made for the benefit of plaintiff, and he therefore had a right to sue and recover the amount of his separate debt or…
1Opinion of the CourtHough, Judge
On the 12th day of August, 1861, Robert Y. Montague sold and transferred to M. L. Montague, Reuben V. Montague and the defendants, C. R. and E. D. Montague, a large amount of real and personal property, situate in the State of Louisiana, for and in consideration of the sum of about $80,000, for which the said grantees gave their promissory notes and their promise to pay the amount of a certain legacy, and- in further consideration of the promise and agreement of said grantees to pay off and discharge certain enumerated debts of the' said Robert Y. Montague, amounting in the aggregate to…
2Cases cited1 opinion
- Looker v. DavisSupreme Court of Missouri · 1870
3Cited by9 opinions
- Taylor v. DuesterbergIndiana Supreme Court · 1887
- Ring v. JamisonSupreme Court of Missouri · 1877
- Sitton v. ShippSupreme Court of Missouri · 1877
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Amonett v. MontagueSupreme Court of Missouri · 1881
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