House v. Marshall
Supreme Court of Missouri
Appeal from Audrain Circuit Court. This was a suit commenced in the Audrain Circuit Court, on two bonds for the direct payment of the sum of $350 each, by William House, the obligee, against William Marshall, the ob-ligor.
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Appeal from Audrain Circuit Court. This was a suit commenced in the Audrain Circuit Court, on two bonds for the direct payment of the sum of $350 each, by William House, the obligee, against William Marshall, the ob-ligor. The defendant, in bis answer, set up as a bar to a recovery on the bonds, that they were given in part payment for a tract of land of .about 190 acres, in Audrain county, Missouri, and that, - at the time of the purchase, plaintiff made false and fraudulent representations to him, concerning the quality, natural advantages and improvements of the land, and its contiguity…
1Opinion of the CourtRylaND, Judge
The points requiring the consideration of this court, arise from the refusal of the Circuit Court to give to the jury the instructions 'which the plaintiff asked. The action is founded on two promissory notes, for three hundred and fifty dollars each; one due and payable in two years, the other in four years after date, and dated 4th of October, 1845. The notes, upon their face, expressly purport to be for the balance of the *372purchase money of a tract of land in the state of Missouri, bought of the plaintiff by the defendant.
It appears that the defendant, at the time of the purchase of the…
2Cases cited1 opinion
- Wade v. ScottSupreme Court of Missouri · 1842
3Cited by9 opinions
- Langdon v. GreenSupreme Court of Missouri · 1872
- Myers v. EstellMississippi Supreme Court · 1872
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
- Grand Lodge of Masons v. KnoxSupreme Court of Missouri · 1855
- Hay v. ShortSupreme Court of Missouri · 1871
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