Waggoner v. Davidson
Missouri Court of Appeals
Appeal from Christian- County Circuit Court. — Hon. John T. Moore, Judge. (1) The court committed reversible error by permitting plaintiff, over the objections of defendants, to testify to an agreement, as he claimed, with defendant, Laura Davidson, to pay the debt of another, that of Garrison and Davidson, said agreement not being in writing, and the said debt being for more than thirty dollars. R. S. 1909, seos. 2783, 2784; Schmidt v. Rozier, 121 Mo.
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Appeal from Christian- County Circuit Court. — Hon. John T. Moore, Judge. (1) The court committed reversible error by permitting plaintiff, over the objections of defendants, to testify to an agreement, as he claimed, with defendant, Laura Davidson, to pay the debt of another, that of Garrison and Davidson, said agreement not being in writing, and the said debt being for more than thirty dollars. R. S. 1909, seos. 2783, 2784; Schmidt v. Rozier, 121 Mo. App. 306; Cash v. Clark, 61 Mo. App. 636; Hurt v. Ford, 142 Mo. 283. (2) The court committed error in refusing to give the peremptory…
1Opinion of the CourtSturgis, J.
The defendant’s minor son made his first business venture by forming a partnership (?) with one Garrison and engaging in the restaurant business. The plaintiff, a groceryman, sold goods to this firm on credit and in this way the debt now sued for had its origin. Presently the firm became insolvent and plaintiff was about to sue the firm by attachment and thereby take steps to seize and subject what prop-erty the firm had to the payment of his debt. The theory on which plaintiff seeks to hold defendant liable is that on his informing defendant of his intention to bring suit by attachment…
2Cases cited10 opinions
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Martin v. HarringtonMissouri Court of Appeals · 1913
- Steele v. Ancient Order of PyramidsMissouri Court of Appeals · 1907
- Gansey v. OrrSupreme Court of Missouri · 1903
- Nelson v. BoyntonMassachusetts Supreme Judicial Court · 1841
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3Cited by3 opinions
- Diehr v. Carey and Fid. Cas. Co. of N.Y.Missouri Court of Appeals · 1945
- Swarens v. PfniselSupreme Court of Missouri · 1930
- Tip-Top Plumbing Co. v. OrdemannMissouri Court of Appeals · 1997