Miles v. Jones
Supreme Court of Missouri
Error to Ray Circuit Court. Demurrer to a petition. The petition alleges substantially that in the year 1855 the defendant Jones became indebted to plaintiff in the sum of $41.47 for money paid by plaintiff to Messrs.
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Error to Ray Circuit Court. Demurrer to a petition. The petition alleges substantially that in the year 1855 the defendant Jones became indebted to plaintiff in the sum of $41.47 for money paid by plaintiff to Messrs. Gratz & Shelby for said Jones on a guaranty; that suit was instituted against said Jones before a justice of the peace to recover the amount so paid; that said cause was at various times continued at the instance of said Jones and was transferred to another justice; that on the 12th of July, 1856, the law day of the justice before whom the cause was pending, the justice being…
1Opinion of the CourtEichaRDSON, Judge
It is sufficiently averred that the judgment before the justice was procured by fraud, which vitiated it, and that the defendant, after he had pocketed the ill-gotten fruits of his fraud, gloried in his shame. The payment of the judgment under the circumstances stated in the petition was not voluntary, and a satisfactory reason is given why an appeal was not asked or taken in time.
The statute of frauds has not changed the common law mode of declaring, and it was not necessary to have stated that the guaranty was in writing. (2 Saund. Pl. & Ev. 126.) The right however of the plaintiff to…
2Cited by10 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Cross v. GouldMissouri Court of Appeals · 1908
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Mayberry v. McClurgSupreme Court of Missouri · 1873
- Baldwin v. DavidsonSupreme Court of Missouri · 1897
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