Legal Opinion

American National Bank v. Klock

Missouri Court of Appeals

Decided May 14, 1894PublishedCited by 2 opinions

Appeal from, the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) A grantee may make the defense that a clause of assumption: was inserted in the deed fraudulently or by mistake or in violation of the agreement between grantor and grantee. Flagg v. Munger, 9 N. Y. 483; Dyermand v. Chamberlain, 22 Hun, 110-114; Vrooman v. Turner, 69 N. Y. 280; Kilmer v. Smith, 77 N. Y. 231; Trustees of Northern Dispensary of N. T. v. Merriam, 59 How.

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Appeal from, the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) A grantee may make the defense that a clause of assumption: was inserted in the deed fraudulently or by mistake or in violation of the agreement between grantor and grantee. Flagg v. Munger, 9 N. Y. 483; Dyermand v. Chamberlain, 22 Hun, 110-114; Vrooman v. Turner, 69 N. Y. 280; Kilmer v. Smith, 77 N. Y. 231; Trustees of Northern Dispensary of N. T. v. Merriam, 59 How. Prac. 226; Real Estate Trust Company v. Batch, 45 N. Y. 528; Dunning v. Leavitt, 85 N. Y. 36, 37; Crowe v. Lewin, 95 N. Y. 423; Loeb v. Willis, 100 N. Y.…

1Opinion of the CourtEllison, J.

This action is founded on three negotiable promissory notes, two executed by Clark O. Simpson and the third by Gillies, all payable to O. H. Queal, secured by mortgage on certain real estate in Kansas City. Defendants are not the payors but their liability is sought to be established by reason of their having assumed (as is alleged) the payment of the notes. The judgment below was for plaintiff. Plaintiff obtained the notes before maturity as collateral *341security for a certain other note executed- to plaintiff for money borrowed by O. H. Queal, the payee therein.

It appears that Queal and…

2Cases cited22 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. Keller v. AshfordSupreme Court of the United States · 1890
  3. Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
  4. Dunning v. . LeavittNew York Court of Appeals · 1881
  5. Ellis v. HarrisonSupreme Court of Missouri · 1891

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3Cited by2 opinions

  1. Hoffman v. LoudonMissouri Court of Appeals · 1902
  2. Fender v. HaseltineMissouri Court of Appeals · 1904

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