Dozier v. Jerman
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action to recover damages for an alleged wrongful sale, by the direction of the defendant, of certain real estate belonging to the plaintiff, and conveyed by him to a trustee to secure a certain note for f 2,140 executed by the plaintiff and held by the defendant.
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Appeal from St. Louis Court of Common Pleas. This was an action to recover damages for an alleged wrongful sale, by the direction of the defendant, of certain real estate belonging to the plaintiff, and conveyed by him to a trustee to secure a certain note for f 2,140 executed by the plaintiff and held by the defendant. The plaintiff sets forth in his petition that when the note became due he was unable to pay it, and entei’ed into an agreement with the defendant, through the agent of the latter, for an extension of six months; that in violation of this agreement, although a portion of the…
1Opinion of the CourtEwing, Judge
During the progress of the trial the defendant offered to amend the answer (it having been already once amended on the trial) by alleging the existence of certain encumbrances on the land in question; that the plaintiff was the owner in fee of but an undivided half thereof, and that he failed to make known said encumbrances to the defendant pending the negotiation for an extension on the note. The amendment being refused, exceptions were taken, and this ruling of the court is one of the errors assigned. It might be sufficient to say, on this point, that the conceded discretion of the courts…
2Cases cited4 opinions
- Fields v. HunterSupreme Court of Missouri · 1843
- Rucker v. EddingsSupreme Court of Missouri · 1841
- Richardson v. Lessee of StewartSupreme Court of Pennsylvania · 1811
- Bompart v. BoyerSupreme Court of Missouri · 1843
3Cited by19 opinions
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Lipscomb v. StateMississippi Supreme Court · 1897
- Kregain v. BlakeSupreme Court of Missouri · 1922
- Seibert v. AllenSupreme Court of Missouri · 1876
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