Winfrey v. Gallatin
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. . (1) Before the plaintiff can recover in this case Albert Gallatin, the assignee of the note sued on, and Wm. Davis, his partner, must re-convey to defendant the territory to the patent right, the original consideration for the note. Poe v. Stockton & Buperotv, 39 Mo. App. 550; Saving Machine Co. v. McBride, 27 Mo. App. 470; Janet v. Morton, 44 Mo. 275; Cahn v. Reid & Bungardt, 18 Mo.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. . (1) Before the plaintiff can recover in this case Albert Gallatin, the assignee of the note sued on, and Wm. Davis, his partner, must re-convey to defendant the territory to the patent right, the original consideration for the note. Poe v. Stockton & Buperotv, 39 Mo. App. 550; Saving Machine Co. v. McBride, 27 Mo. App. 470; Janet v. Morton, 44 Mo. 275; Cahn v. Reid & Bungardt, 18 Mo. App. 115, opinion 124; Melton v. Smith, 65 Mo. 315; Benjamin on Sales, 591, 592, sec. 674, note 25; Reeves v. Corning, 51 Fed. Rep. 774, 782. (2)…
1Opinion of the Court
ACTION ON A PROMISSORY NOTE.
Smith, P. J.
STATEMENT The defendant traded a patent right in a weather Strip for doors to his brother Albert and his nephew William Davis for a mare. He executed to the latter an assignment in writing therefor. Some time after this transaction took place the latter became dissatisfied with the trade, and thereupon a rescission was agreed upon. The defendant having disposed of the mare could not return her. It was then agreed that the defendant should give one of the assignees, Albert Gallatin, his note, which is the same sued on, in lieu of the horse/ Thus far…
2Cases cited4 opinions
- Potter v. AdamsSupreme Court of Missouri · 1894
- Sone v. PalmerSupreme Court of Missouri · 1859
- Nason v. GrantSupreme Judicial Court of Maine · 1842
- Patterson v. YeatonSupreme Judicial Court of Maine · 1859
3Cited by2 opinions
- Alropa Corporation v. Harry M. SmithMissouri Court of Appeals · 1947
- City of St. Joseph ex rel. Forsee v. BakerMissouri Court of Appeals · 1900