Manny v. Frasier's Administrator
Supreme Court of Missouri
Appeal from Ralls Circuit Court. The plaintiffs in their petition allege substantially that the partnership firm of Bell & Stieknell was indebted to them on two promissory notes ; that Bell sold out his interest in the partnership to Erasier ; that Erasier on coming into the firm agreed with Bell & Stieknell to assume and pay certain debts of the firm, among others the notes due plaintiffs.
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Appeal from Ralls Circuit Court. The plaintiffs in their petition allege substantially that the partnership firm of Bell & Stieknell was indebted to them on two promissory notes ; that Bell sold out his interest in the partnership to Erasier ; that Erasier on coming into the firm agreed with Bell & Stieknell to assume and pay certain debts of the firm, among others the notes due plaintiffs. Plaintiffs seek to recover the amount of said notes of the said Erasier’s administrator. I. If defendant is liable at all, it is to Bell & Stieknell, and not to the plaintiffs. There is no privity of…
1Opinion of the Court
Scott, Judge,
delivered tlio opinion of tlie court.
This is not like the case stated in the books where A. owes B. and B. owes C. $100, and the three meet, and it is agreed between them that A. shall pay C. $100. B.’s debt is extinguished and C. may recover that sum against A. (Black v. Paul, 10 Mo. 104.) Nor does it fall within the rule that if one person make a promise to another for the benefit of a third, the latter may maintain an action upon it (Chitty, 5)— a doctrine which has been recognized by this court in the cases of the Bank of Missouri v. Benoist & Hackney, 10 Mo. 519, and Robbins…
2Cases cited2 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Bank of Missouri v. Benoist & HackneySupreme Court of Missouri · 1847
3Cited by6 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Meyer v. LowellSupreme Court of Missouri · 1869
- In Re Motley v. Callaway CountySupreme Court of Missouri · 1941
- Ellis v. LammeSupreme Court of Missouri · 1868
- T. W. Harvey Lumber Co. v. Herriman & Curd Lumber Co.Missouri Court of Appeals · 1890
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