Meyer v. Lowell
Supreme Court of Missouri
•Appeal from Fifth District Court. Section 38, p. 661, Gen. Stat. 1865, is not applicable to this case. Here the written assumption of the respondent is the foundation of the action and the principal thing, and the amount of the debt the incident. I. The account sued on is not a bill of items or particulars, as required by tlie statute. (Gen. Stat. 1865, p. 661, § 38.) II. Plaintiffs’ petition does not state facts that will in any event authorize proof or judgment.
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•Appeal from Fifth District Court. Section 38, p. 661, Gen. Stat. 1865, is not applicable to this case. Here the written assumption of the respondent is the foundation of the action and the principal thing, and the amount of the debt the incident. I. The account sued on is not a bill of items or particulars, as required by tlie statute. (Gen. Stat. 1865, p. 661, § 38.) II. Plaintiffs’ petition does not state facts that will in any event authorize proof or judgment. The contract or agreement sued on is an agreement between J. W. Horr & Oo. and defendant Lowell, and the plaintiffs are not…
1Opinion of the CourtCurrier, Judge
The petition shows that the firm of J. W. Horr & Co. were indebted to the plaintiffs in the sum of $1,189.47; that, while thus indebted, the firm sold out its establishment to the defendant, who, in adjusting the purchase money, gave a stipulation, signed by him, the material parts of which, bearing upon the questions to be considered, are as follows: “Having purchased the stock of goods of J. W. Horr & Co., * * * I hereby assume the within account of May, Weil & Co. (the plaintiffs) so far as the same may be. correct, * * * and obligate myself to pay the same, or so much thereof as I may be…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Robbins v. AyresSupreme Court of Missouri · 1847
- Bank of Missouri v. Benoist & HackneySupreme Court of Missouri · 1847
- Manny v. Frasier's AdministratorSupreme Court of Missouri · 1858
- Page v. BeckerSupreme Court of Missouri · 1862
3Cited by17 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Rogers v. GosnellSupreme Court of Missouri · 1873
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
- Crone v. StindeSupreme Court of Missouri · 1900
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