Fitzgerald v. Barker
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. There was no consideration moving from plaintiff to defendant to support the promise; Luge v. Becker, 31 Mo. 466 ; Manny v. Frasier, 27 Mo. 419 ; and no privity of contract between them. The promise of Barker to assume and pay the deed of trust notes, which were outstanding as an incumbrance upon the property, was solely for the benefit of Thomas.
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Appeal from St. Louis Court of Appeals. There was no consideration moving from plaintiff to defendant to support the promise; Luge v. Becker, 31 Mo. 466 ; Manny v. Frasier, 27 Mo. 419 ; and no privity of contract between them. The promise of Barker to assume and pay the deed of trust notes, which were outstanding as an incumbrance upon the property, was solely for the benefit of Thomas. It was not the intention of the parties by their contract that Fitzgerald should receive any additional security for his debt, but that Barker should indemnify and save Thomas harmless as to such debt. Ham v.…
1Opinion of the Court
Hough, J. —
The petition in this case states in substance, that on the 2nd day of November, 1872, one Thomas convoyed to defendant, Barker, certain real estate subject, however, to a deed of trust thereon, previously executed by'said Thomas to secure the payment of sundry notes in said trust deed described; that the deed from Thomas to the defendant contained a clause reciting that the defendant assumed and agreed to pay the several notes so secured by said trust deed; that the defendant accepted said deed and thereunder entered into possession of the property thereby conveyed; that by virtue…
2Cases cited6 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Heim v. VogelSupreme Court of Missouri · 1879
- Robbins v. AyresSupreme Court of Missouri · 1847
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- Meyer v. LowellSupreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Nelson v. BrownSupreme Court of Missouri · 1897
- Employers Indemnity Corp. v. GarrettSupreme Court of Missouri · 1931
23 more not listed; retrieve them via the Exa API.