Bascom v. Young
Supreme Court of Missouri
Appeal from the St. Louis Circuit Court. 1st. That judgment was rendered by the circuit court against the two defendants, Mylius & Bascom, although Mylius was not served with process and did not appear to the action. See 3 Blk. Com. 279 et seq. et passim. 2. That the finding of the jury is against the weight of evidence.
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Appeal from the St. Louis Circuit Court. 1st. That judgment was rendered by the circuit court against the two defendants, Mylius & Bascom, although Mylius was not served with process and did not appear to the action. See 3 Blk. Com. 279 et seq. et passim. 2. That the finding of the jury is against the weight of evidence. That the evidence as preserved in the bill of exceptions, shows that the money for which the note sued on was given, was obtained for the individual use of Mylius, and not for the benefit of the firm, and that the circumstances were such as must have satisfied the defendant…
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
Young commenced two actions, before a justice of the peace, against the appellants, Mylius and Bascom, both founded on notes. Notice of the actions were served on Bascom ; but was returned by the officer that Mylius was not found. In the one case the judgment of the justice was for the defendant, Bascom; and in the other for the plaintiff, Young. Appeals to the circuit court were taken in both cases. Young took his judgments in the circuit court against the defendants; and in each cause, and in every entry of each days’ proceedings, Mylius and Bascom are…
2Cited by2 opinions
- Heady v. HollmanSupreme Court of Missouri · 1913
- Anderson v. BrownSupreme Court of Missouri · 1845