Peers v. Kirkham
Supreme Court of Missouri
¡Appeal from SL Louis Circuit Court. cited Now York State Bank v. Fletcher, 5 Wend. 85; Booth v. Smith, 3 Wend. 63 ; Wise-man v. Lyman, 7 Mass. 286, 290 ; Cole v. Sacket, 1 Hill, 516 ; Waydell v. Luer, 5 Hill, 448; Smith’s Merc. Law, 533. relied on Fenn v. Dugdale, 31 Mo. 581; Smith v. Ross, 7 Mo. 463.
1Opinion of the CourtWagner, Judge
The record show's that in the year 184,8, Peers & Kirkham, a firm of which the plaintiff was a member, paid, laid out, and *147expended the sum of $276.45 in goods and moneys for the use of defendant, for which they received his promissory note, payable at ninety days ;■ that Peers & Kirkham afterward assigned and delivered said note to Edward J. Gay & Co., in payment of a debt due by them to Gay & Co. ; that defendant afterward, and at the maturity of the note, failed to pay the same; that Gay & Co. then sued Peers & Kirkham, and recovered judgment against them in the St. Louis Court of Common…
2Cases cited1 opinion
- Fenn v. DugdaleSupreme Court of Missouri · 1862
3Cited by3 opinions
- Carl v. GabelSupreme Court of Missouri · 1894
- Greenwood v. ClineOregon Supreme Court · 1879
- Sharp v. GarnetMissouri Court of Appeals · 1893