Crow v. Harmon
Supreme Court of Missouri
Error to Holt Circuit Court. This was a suit upon the following instrument in writing: “ I promise to pay G-. W. Crow one hundred dollars if the M. T. Lewis county road is not opened and kept open along the creek where it is now located, or if said Crow should make null the present proceedings of the court and commissioners as already had and done by them.
Read the full summary
Error to Holt Circuit Court. This was a suit upon the following instrument in writing: “ I promise to pay G-. W. Crow one hundred dollars if the M. T. Lewis county road is not opened and kept open along the creek where it is now located, or if said Crow should make null the present proceedings of the court and commissioners as already had and done by them. I also agree that if sard road is opened and kept open that said Crow shall have all the damages that may ever be assessed me for the same-. This February 7, 1855. [Signed] Jacob Harmon.” The plaintiff in his petition set forth the…
1Opinion of the CourtScott, Judge
This was a suit on a promissory note, and the objections to a recovery were that the consideration was against public policy, being champertous, and that it was without consideration.
The first section of the act concerning bonds and notes (R. C. 1845, p. 189) provides that all notes in writing made and signed by any person or his agent, whereby he shall promise to pay to any other person or his order or unto bearer any sum of money or property therein mentioned, shall import a consideration and be due and payable as therein specified. The note importing of itself a consideration, the burden…
2Cited by5 opinions
- Wolford v. PowersIndiana Supreme Court · 1882
- Lindell v. RokesSupreme Court of Missouri · 1875
- Scott v. CriderMissouri Court of Appeals · 1925
- Taylor v. PerkinsMissouri Court of Appeals · 1913
- Crawford v. JohnsonMissouri Court of Appeals · 1901