Minor v. Edwads & Price
Supreme Court of Missouri
ERROR TO COLE CIRCUIT COURT. That the court erred in sustaining the demurrer to the first and fourth counts of the plaintiffs declaration at the November term, 1847, of the court. The defendants having pleaded to the merits of those two counts, and issue having been taken upon the pleas of defendant thereto. The pleas not having been withdrawn by defendant, nor issues thereon disposed of. 2d.
Read the full summary
ERROR TO COLE CIRCUIT COURT. That the court erred in sustaining the demurrer to the first and fourth counts of the plaintiffs declaration at the November term, 1847, of the court. The defendants having pleaded to the merits of those two counts, and issue having been taken upon the pleas of defendant thereto. The pleas not having been withdrawn by defendant, nor issues thereon disposed of. 2d. The court erred in refusing to instruct the court sitting as a jury to try the cause in manner and form as prayed for in the motion of the plaintiff. 3d. The court erred in pronouncing and declaring the…
1Opinion of the Court
Napton, judge,
delivered the opinion of the court.
This was an action of debt instituted upon a bond for the payment of thirteen hundred and ninety dollars. The consideration of the bond was the sale of certain lots in Jefferson City by the payees to the defendant, Edwards, and it was made payable upon the execution of a deed conveying a clear title in fee simple to these lots. The plaintiff was the assignee of the bond.
The pleadings in the case are fully stated in the former opinion delivered by this court. 10 Mo. Rep. 671. After the case was remanded to the circuit court, a trial was had upon…
2Cases cited2 opinions
- Rhett v. PoeSupreme Court of the United States · 1844
- Minor v. Edwards & PriceSupreme Court of Missouri · 1847
3Cited by8 opinions
- State v. MurphySupreme Court of Missouri · 1937
- Barger v. HealySupreme Court of Missouri · 1918
- Capper v. Manufacturers Paper Co.Supreme Court of Kansas · 1912
- Taylor v. HelterMissouri Court of Appeals · 1918
- Downend v. Kansas CityMissouri Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.