Beland v. Anheuser-Busch Brewing Ass'n
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) If there was any mistake at all in regard to the matter, it was purely the negligent mistake of the plaintiffs themselves. Neither Mr. Schoeffel nor Mr. Nicond knew the date of the bond and did not pretend to know anything of its date. The Belands knew more about it than Schoeffel, and ■ if they did not the means of full information was easily within their reach and they should have sought for it and obtained it.
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Transferred from St. Louis Court of Appeals. (1) If there was any mistake at all in regard to the matter, it was purely the negligent mistake of the plaintiffs themselves. Neither Mr. Schoeffel nor Mr. Nicond knew the date of the bond and did not pretend to know anything of its date. The Belands knew more about it than Schoeffel, and ■ if they did not the means of full information was easily within their reach and they should have sought for it and obtained it. Courts of equity have something other to do than overhauling and making over contracts for people who ,are too negligent or…
1Opinion of the CourtRobinson, J.
By this equitable proceeding plaintiffs seek to have cancelled a certain note executed by them to defendant on the twenty-ninth of September, 1893, and to have satisfied the record of a deed of trust covering certain real estate belonging to plaintiffs, given to secure said note.
The petition averred that the plaintiffs had become sureties on a bond, to pay for beer and other supplies bought by one Joseph 0. Kennedy of the defendant; that Kennedy af-terwards became insolvent and unable to pay -his debts, and the defendant fraudulently represented to plaintiffs that the indebtedness of Kennedy…
2Cited by9 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- Balz v. NelsonMissouri Court of Appeals · 1903
- State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
- Reger v. HenrySupreme Court of Oklahoma · 1915
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