Ferguson v. Huston
Supreme Court of Missouri
Appeal from Circuit Court of Cooper County. 1st. That a partial as well as a total failure of consideration is a defence in an action on a note for the purchase money of an article sold — to defeat the recovery in whole or in part. 2nd Kent Com. 473-4, third edition. 8, Cowen 31. 8 J. R. 452. 14 J. R. 377. 9 J. R. 232. 15 J. R. 230. 6 Pickering Rep. 427. Fegan vs. Meredith 4th Mo. Rep. 514. 2nd.
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Appeal from Circuit Court of Cooper County. 1st. That a partial as well as a total failure of consideration is a defence in an action on a note for the purchase money of an article sold — to defeat the recovery in whole or in part. 2nd Kent Com. 473-4, third edition. 8, Cowen 31. 8 J. R. 452. 14 J. R. 377. 9 J. R. 232. 15 J. R. 230. 6 Pickering Rep. 427. Fegan vs. Meredith 4th Mo. Rep. 514. 2nd. That the instruction given by the court required that the defendant should have given notice of the defects in the carriage to the plaintiff, and in this it was calculated to mislead the jury 2…
1Opinion of the Court
Opinion of the Court delivered by
Tompkins Judge.
Huston assignee of J. L. and Milton Matthews brought his action of debt against Ferguson on a note made by said Ferguson to said J. L. and Milton Matthews.
The circuit court gave judgment against Ferguson; and to reverse that judgment this appeal is prosecuted.
On the trial of the cause, after the plaintiil had given the note in evidence, the defendant introduced evidence to prove that the payees of this note were carriage makers, and that he was a carrier of the mail from Jefferson City to Boon-villa in Cooper county, his residence, and that, the…
2Cited by8 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Waterbury v. New York C. & H. R. R. Co.U.S. Circuit Court for the District of Northern New York · 1883
- Murphy v. GaySupreme Court of Missouri · 1866
- Kerr v. HaymakerMissouri Court of Appeals · 1886
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
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