White v. Quinlan
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case and facts are stated in the opinion of the court. I. It is insisted by the appellants that the petition does not state facts sufficient to constitute a cause of action against them. The petition shows no privity whatever between the defendants, Quinlan, Montgomery & Company, and the plaintiff.
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Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case and facts are stated in the opinion of the court. I. It is insisted by the appellants that the petition does not state facts sufficient to constitute a cause of action against them. The petition shows no privity whatever between the defendants, Quinlan, Montgomery & Company, and the plaintiff. There is no allegation or averment that these defendants ever undertook or agreed to pay the plaintiff White any sum of money whatever. There is no allegation or averment that these defendants ever promised or agreed to pay the…
1Opinion of the CourtHall, J.
The petition avers that the defendant Wilcox, on the twenty-third day of October, 1884, executed and' delivered to the defendants, Quinlan, Montgomery & Company, his promissory note, due January 20, 1885, for $16,700.00, with twelve per cent, interest; and at the same time, to secure the payment of said note, defendant Wilcox executed his chattel mortgage on four hundred head of cattle in Montgomery county, Kansas; that, on March 12, 1880, defendant Wilcox executed and delivered to plaintiff his promissory note for eight thousand dollars,' due June 1, 1885, and that this note was given for…
2Cases cited4 opinions
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Cole v. BarronMissouri Court of Appeals · 1880
- McMurry v. MartinMissouri Court of Appeals · 1887
- Kimberlin v. ShortMissouri Court of Appeals · 1887
3Cited by2 opinions
- Johnson v. National Sugar Manufacturing Co.Supreme Court of Colorado · 1931
- Central Finance Corp. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922