Missouri Pacific Railway Co. v. A. M. Wright & Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — I-Ion. ,T. P. Grubb, Judge. This question must be answered in the negative for two reasons: (a) Because there can be no assignment, either in law or in equity, of a portion of a debt without the debtor’s consent.
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Appeal from the Buchanan Circuit Court. — I-Ion. ,T. P. Grubb, Judge. This question must be answered in the negative for two reasons: (a) Because there can be no assignment, either in law or in equity, of a portion of a debt without the debtor’s consent. Burnett v. Crandall, 63 Mo. 410; Beardslee v. Morgner, 73 Mo. 22; Dickinson v. Coates, 79 Mo. 250; Snyder v. Railroad, 86 Mo. 620; Bank v. Noonan, 88 Mo. 372. (b) Because the doctrine of an equitable assignment of a debt or fund, due from one person to another, by the order of the creditor to pay it to a third party, when brought to the…
1Opinion of the Court
Smith, P. J. —
C. 0. Christie was for many years engaged in the grain and commission businóss in the city of St. Joseph, Missouri. Christie had, as his correspondents in Chicago, A. M. Wr%ht & Co. At the particular time in his business career with which this suit is connected, Christie had a shipping contract with the Missouri Pacific Railway Company, providing for a considerable rebate on all the grain that should ' be shipped by Christie on the road. Christie drew drafts on A. M. Wright & Co., on account of grain shipped by him’ to them, which were paid by the latter, until they had paid the…
2Cases cited5 opinions
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Kimball v. DonaldSupreme Court of Missouri · 1855
- Brown v. ShockMissouri Court of Appeals · 1887
- Megher v. StewartMissouri Court of Appeals · 1879
- Copp v. St. Louis CountySupreme Court of Missouri · 1864
3Cited by3 opinions
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- Pickett v. School DistrictMissouri Court of Appeals · 1916
- Kiddoo Bros. v. Ames & RobinsMissouri Court of Appeals · 1898