Leahi v. Dugdale's Administratrix
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This suit is the same as heretofore decided in this court, and-reported in 27 Mo. 487. Dugdale contracted with .the Olive-street Plank Road Company to build certain sections of the work. Dugdale after-wards by contract, under seal with M. O’Leary and J. B. Neenan, sub-let to them sections eighteen and nineteen, to be completed in conformity with his contract with the company.
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Appeal from St. Louis Circuit Court. This suit is the same as heretofore decided in this court, and-reported in 27 Mo. 487. Dugdale contracted with .the Olive-street Plank Road Company to build certain sections of the work. Dugdale after-wards by contract, under seal with M. O’Leary and J. B. Neenan, sub-let to them sections eighteen and nineteen, to be completed in conformity with his contract with the company. O’Leary & Neenan in January A. D. 1855, assigned their contract with Dugdale to plaintiffs. O’Leary was not present, nor was any testimony offered to show that he knew of it or…
1Opinion of the CourtBates, Judge
When this case was formerly in this court, (27 Mo. 4-37,) it was decided that the contract in question could be assigned to the plaintiffs, and that Dugdale was liable to them for all the money due them, which he paid out after notice of the assignment.
The case having been tried again, there was a verdict and judgment for the plaintiffs, and .the defendant brings the case up by appeal.
*101The bill of exceptions shows that during the trial the defendant offered various receipts and other papers for moneys paid by Dugdale to various parties as creditors of O’Leary and J. B. Neenan, some of which…
2Cited by3 opinions
- Leahey v. DugdaleSupreme Court of Missouri · 1867
- Washoe County Bank v. CampbellNevada Supreme Court · 1917
- Gordon v. Jefferson CityMissouri Court of Appeals · 1905