Hanna v. Hyatt
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The real defense here is that by the terms of the dissolution paper plaintiff assumed the payment of the two notes given'for deferred payments, upon which the deficiency judgment paid by plaintiff was rendered; but the pleader recognized that unless plaintiff got the lots by the paper, it would not carry the liability.
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Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The real defense here is that by the terms of the dissolution paper plaintiff assumed the payment of the two notes given'for deferred payments, upon which the deficiency judgment paid by plaintiff was rendered; but the pleader recognized that unless plaintiff got the lots by the paper, it would not carry the liability. Including the bare fact that these two men used partnership funds to make their first cash payment, there is no legitimate or uncontradicted evidence in the case, that they ever intended the lots to belong…
1Opinion of the CourtGill, J.
The parties to this action, Hanna and Hyatt, were for several years prior to April 27, 1891, engaged in the coal business under the partnership name of St. Joseph'Coal Company. During the co-*311partnership they purchased from the St. Joseph Land Company two lots located in the vicinity of other lands of the latter company, whereon it was designed to erect a nail mill. They paid the land company at the execution of the deed one third the purchase price in cash, and in their individual names executed notes and a deed of trust to secure the balance. This money was paid out of the funds belonging to…
2Cases cited2 opinions
- Van Petten v. RichardsonSupreme Court of Missouri · 1878
- Wilkerson v. SampsonMissouri Court of Appeals · 1894
3Cited by3 opinions
- Hammons v. EhneySupreme Court of Missouri · 1996
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Simpson v. SmithMissouri Court of Appeals · 1917