Hume v. Eagon
Missouri Court of Appeals
Appeal from the Clarlc Circuit Court. — Hon. Hdwin B. McKee, Judge. (1) There was no consideration moving from the plaintiff Hume, to John B. Sawyer, to support the second mortgage given to secure the note assigned by the bank. The note was given payable in one day from date and was long past due. There was no extension of time given for the payment of the same.
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Appeal from the Clarlc Circuit Court. — Hon. Hdwin B. McKee, Judge. (1) There was no consideration moving from the plaintiff Hume, to John B. Sawyer, to support the second mortgage given to secure the note assigned by the bank. The note was given payable in one day from date and was long past due. There was no extension of time given for the payment of the same. There is no evidence of any benefit or advantage moving from Hume to the mortgagor, Sawyer, or from any third person. There is no evidence that Hume parted with anything of value for the execution thereof. There is no evidence that…
1Concurrence
SEPARATE OPINION BY
JUDGE BOND.
I concur in the result reached in the opinion of Judge Bland reversing and remanding this cause, and I also concur in the argument contained in the second paragraph of his opinion. But this second1 appeal in this case (73 Mo. App. 271) .presents again the question as to the true meaning and intent of the statute (Session Acts 1895, page 120) construed by this court on the former appeal. It was the phraseology of this act as it stood when it was first adopted in 1895 which was before us on the former appeal: It has, however, since that time undergone a material…
2Cases cited1 opinion
- Hume v. EagonMissouri Court of Appeals · 1898