Robertson v. Findley
Supreme Court of Missouri
Appeal from Carroll Circuit Court. Findley and Robertson were partners in business. On the 19th of August, 1857, Robertson sold out his entire interest in their stock of goods to Findley, together with all the rights, credits and evidences of debt due the firm, and Findley promised to pay all demands against the firm of every nature whatever, and to hold Robertson free and harmless from all liabilities of the firm.
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Appeal from Carroll Circuit Court. Findley and Robertson were partners in business. On the 19th of August, 1857, Robertson sold out his entire interest in their stock of goods to Findley, together with all the rights, credits and evidences of debt due the firm, and Findley promised to pay all demands against the firm of every nature whatever, and to hold Robertson free and harmless from all liabilities of the firm. For the purpose of securing Robertson against all the liabilities of the firm, Findley as principal and G-uillett as his security executed to Robertson a bond, bearing date 19th…
1Opinion of the CourtEwing, Judge
The instrument on which this suit is founded, it is insisted, is inadmissible as evidence, because it shows upon its face that the sale was made before its execution, and that the consideration was past and executed. It recites that “ whereas- W. C. Eindley did, on the 19th day of August, 1857, purchase' from Edward C. Robertson, the stock of goods,” &c.; and this language, it is maintained, expresses a past consideration, and there is nothing from which it could be inferred that there was any request from the surety. In support of this position we are referred to Parker v. Bradley, 2 Hill,…
2Cases cited1 opinion
- United States v. LinnSupreme Court of the United States · 1841
3Cited by8 opinions
- State ex rel. Southern Bank v. AthertonSupreme Court of Missouri · 1867
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
- School District v. Security BankSupreme Court of Missouri · 1930
- Scudder & Co. v. MorrisMissouri Court of Appeals · 1904
- Fullerton Lumber Co. v. CalhounMissouri Court of Appeals · 1901
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