Smith v. Anthony
Supreme Court of Missouri
Points in the case. — 1. Can a plaintiff amend his cause of action on an appeal from a justice of the peace, after the appeal is filed in the circuit court? 2. Can the plaintiff) on such amendment, increase, vary, or alter the nature or quantity of the demand? 3. Can the plaintiff below file a bill of discovery-in cases originating before a justice of the peace, after the same is filed by appeal in the circuit court? 4. In all cases of suits on a guaranty, must not the…
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Points in the case. — 1. Can a plaintiff amend his cause of action on an appeal from a justice of the peace, after the appeal is filed in the circuit court? 2. Can the plaintiff) on such amendment, increase, vary, or alter the nature or quantity of the demand? 3. Can the plaintiff below file a bill of discovery-in cases originating before a justice of the peace, after the same is filed by appeal in the circuit court? 4. In all cases of suits on a guaranty, must not the plaintiff prove that the credit was given on the guaranty? 5. Must the plaintiff not prove that he gave the defendant notice…
1Opinion of the CourtEdwards, Judge
In this case, Smith addressed the following letter to Anthony:
“Col. Wm. Anthony — Dear sir: Wm. Mitchell, jr., will probably call on you to purchase your horse, and should you conclude to sell, you can do so. Take his note, and I will be responsible for the payment on his return. Respectfully, Zenas Smith. Fredericktown, 20th November, 1833.”
Anthony sold Mitchell his horse, and Mitchell carried him to Alabama and returned in “ bad circumstances.” Anthony sued Mitchell and recovered judgment, and took out execution, but found no effects to satisfy it. He then sued Smith, on the above guaranty,…
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