Schmalhorst v. Peebles
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. Judge Bond concurring, Judge Bland not sitting. Taking the view of the court below that as the land was in the wife’s name, the notes were hers, she is not a necessary party to enforce a vendor’s lien on the land, where sale was made by the husband and the purchase money was to be paid to him.
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Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. Judge Bond concurring, Judge Bland not sitting. Taking the view of the court below that as the land was in the wife’s name, the notes were hers, she is not a necessary party to enforce a vendor’s lien on the land, where sale was made by the husband and the purchase money was to be paid to him. Meugger v. Lindenberger, 53 Mo. 364. Conceding that plaintiff was the agent of his wife, the agent who sells goods, of which he is in possession, as his own property, may recover the price in his own name. Goggburn v. Simpson, 22 Mo. 357;…
1Opinion of the CourtBiggs, J.
The defendant is sued as the assignor of six nonnegotiable notes. The facts as established by the plaintiff’s evidence are these: On the thirty-first day of March, 1891, the plaintiff bargained and sold to defendant a lot in the city of Springfield. In part payment thereof the defendant assigned the notes sued on in blank and delivered them to plaintiff. The title to the lot was vested in plaintiff’s wife. The plaintiff claimed that the lot was bought with his money. The notes were delivered to him. Subsequently the wife died. After her death the plaintiff filled up the indorsements on the…
2Cases cited2 opinions
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
3Cited by2 opinions
- Brown v. DaughertyU.S. Circuit Court for the District of Missouri · 1903
- Armstrong v. JohnsonMissouri Court of Appeals · 1902