Boone County Lumber Co. v. Niedermeyer
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Samuel Davis, Special Judge. (1) A contract to assume and agree to pay the debt of another when'made with the creditor is within the Statute of Frauds, and unenforceable. Bambrick v. Bambrick, 157 Mo. 423; Nunn v. Carroll, 83 Mo. App. 135; Parsons v. Kilso, 141 Mo. App. 369; Ilaeberle v. O’Day, 61 Mo. App, 390. (2) The verdict is against the evidence.
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Appeal from Boone Circuit Court. — Hon. Samuel Davis, Special Judge. (1) A contract to assume and agree to pay the debt of another when'made with the creditor is within the Statute of Frauds, and unenforceable. Bambrick v. Bambrick, 157 Mo. 423; Nunn v. Carroll, 83 Mo. App. 135; Parsons v. Kilso, 141 Mo. App. 369; Ilaeberle v. O’Day, 61 Mo. App, 390. (2) The verdict is against the evidence. The sufficiency of the evidence is challenged by this ground stated in a motion for a new trial. Spohn v. Railroad, 87 Mo. 74; Wilson v. Albret, 89 Mo. 537; Caruth v. Richeson, 96 Mo. 192; Whitsett v.…
1Opinion of the CourtTrimble, J.
This is a suit wherein the plaintiff, a corporation, bases its cause of action upon an alleged contract, made for plaintiff’s benefit, between defendant and one Carl L. Torbitt. Plaintiff was not a party to said contract, but says it was cognizant of it, and relied thereon in selling to Torbitt the bill of lumber, payment of which is now sought to he recovered.
Plaintiff was engaged in the business of selling lumber and building materials, and the officers of the Lumber Company had known the defendant Niedermeyer fifteen or twenty years. They were not acquainted with Torbitt and met him for…
2Cases cited25 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Crone v. StindeSupreme Court of Missouri · 1900
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
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3Cited by7 opinions
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- Moore v. McHaneyMissouri Court of Appeals · 1915
- Berkshire v. HolckerMissouri Court of Appeals · 1919
- Newkirk v. City of TiptonMissouri Court of Appeals · 1939
- Prouty Lumber & Box Co. v. McGuirkOregon Supreme Court · 1937
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