Hackmann v. Gutweiler
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The statement or account sued upon does-, not allege facts sufficient to constitute a cause of action. It fails to allege whence the loan was to come. The plaintiff must allege and prove that he had produced a lender ready and able to loan the money. Hayden v. Grillo, 26 Mo. App. 289, 293, 294; Story v. Ins. Co., 1 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The statement or account sued upon does-, not allege facts sufficient to constitute a cause of action. It fails to allege whence the loan was to come. The plaintiff must allege and prove that he had produced a lender ready and able to loan the money. Hayden v. Grillo, 26 Mo. App. 289, 293, 294; Story v. Ins. Co., 1 Mo. App. 678. He must disclose the party loaning the money or produce his contract. Hayden v. Grillo, 35 Mo. App. 647, 655; 42 Mo. App. 1, 3. (2) Instruction number 2 for plaintiff is erroneous. The…
1Opinion of the CourtBiggs, J.
This action was commenced before a justice of the peace on the following account:
“St. Louis, Mo., Dec. 4, 1894. “Joseph Gutweiler, debtor to Joseph Haekmann, for making a loan on his property, 4588 North Market street, for........$3,000 00 ■ “Commission, 23^......................................... 75 00.” ■
The plaintiff recovered before the justice and also in the circuit court. ' The defendant -by successive appeals has brought the case here for review.
*246It is conceded that on the twenty-third day of November, 1894, the defendant engaged the plaintiff to negotiate for him a loan of $3,000, to…
2Cases cited4 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Hayden v. GrilloMissouri Court of Appeals · 1887
- Vandyke & Co. v. WalkerMissouri Court of Appeals · 1892
- Woolwine v. BickMissouri Court of Appeals · 1890
3Cited by1 opinion
- Warren v. CramMissouri Court of Appeals · 1897