Hall v. Douthett
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The deed of trust set out in plaintiff’s petition was entirely without consideration, a nudum factum. Where a collateral undertaking is subsequent to the original undertaking and was not an inducement to it, though the subsisting liability is the ground of the new promise, there must be some further consideration in order to support the collateral undertaking. Peck v. Harris, 51 Mo.
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Transferred from St. Louis Court of Appeals. (1) The deed of trust set out in plaintiff’s petition was entirely without consideration, a nudum factum. Where a collateral undertaking is subsequent to the original undertaking and was not an inducement to it, though the subsisting liability is the ground of the new promise, there must be some further consideration in order to support the collateral undertaking. Peck v. Harris, 51 Mo. App. 470; McFarland v. Heim, 127 Mo. 333; Lingfelder v. Wainwright Brewery Co., 103 Mo. 593; Williams v. Williams, 67 Mo. 665; Pfeifer v. Kingsland, 25 Mo. .66. (2)…
1Opinion of the CourtBrace, P. J.
This is an action to set aside a deed of trust given by the plaintiff Martha L. Hall, to a trustee, for the benefit of James H. Douthett, on the ground that the same is without consideration, and a cloud upon her title. The deed duly executed, acknowledged and delivered by the plaintiff Martha L. Hall, and recorded, as set out and embodied in the petition, is as follows:
“This deed, made and entered into this 15th day of May, 1886, by and between Martha Hall, single and unmarried, party of the -first part, and J. T. White, party of the second part, and James H. Douthett, party of the third…
2Cases cited1 opinion
- Overton v. OvertonSupreme Court of Missouri · 1895
3Cited by6 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- State v. MeysenburgMissouri Court of Appeals · 1902
- Curtis v. SextonSupreme Court of Missouri · 1913
- State ex rel. Arnold v. LichtaMissouri Court of Appeals · 1908
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