Legal Opinion

Frazer v. Roberts

Supreme Court of Missouri

Decided July 15, 1862PublishedCited by 21 opinions

Appeal from Newton Circuit Court. This suit was commenced by the plaintiff, William W. Erazer, in the Circuit Court of Newton county, at its April term, 1869, by attachment, upon the following petition, to-wit : “ The plaintiff states that at Granby, in said county, and on or about the 10th day of January, 1859, he purchased from the defendant Roberts, who was acting in his own behalf, and as the agent of the defendant Sanders, all the interest of the said Roberts and of the…

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Appeal from Newton Circuit Court. This suit was commenced by the plaintiff, William W. Erazer, in the Circuit Court of Newton county, at its April term, 1869, by attachment, upon the following petition, to-wit : “ The plaintiff states that at Granby, in said county, and on or about the 10th day of January, 1859, he purchased from the defendant Roberts, who was acting in his own behalf, and as the agent of the defendant Sanders, all the interest of the said Roberts and of the said Sanders in the property, money and effects of the firm of Sanders & Co., and paid therefor the sum of eighteen…

1Opinion of the CourtDryden, Judge

The parties to this suit being owners, as partners, of a stock of goods at Granby, in Newton county, the defendants sold their interest in the concern, including the uncollected debts, to the plaintiff, in consideration, as it seems, of one thousand eight hundred dollars paid to the defendants, and of the agreement of the plaintiff to pay the debts of the firm.

The plaintiff charges that the defendants falsely and fraudulently represented to the plaintiff, at the time of the sale, that the firm debts did not exceed one thousand dollars, whereas, in fact, they amounted to three thousand…

2Cases cited4 opinions

  1. Welch v. BryanSupreme Court of Missouri · 1859
  2. Zerger v. SailerSupreme Court of Pennsylvania · 1813
  3. Syme v. Steamboat IndianaSupreme Court of Missouri · 1859
  4. Woods v. Timmerman's AssigneeSupreme Court of Missouri · 1858

3Cited by21 opinions

  1. Bowie v. City of KansasSupreme Court of Missouri · 1873
  2. Chouteau v. GibsonSupreme Court of Missouri · 1882
  3. Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
  4. Munchow v. MunchowMissouri Court of Appeals · 1902
  5. Weil v. Greene CountySupreme Court of Missouri · 1878

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