Fitzgerald v. Barker
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Tlie non-suit was right, because the promise of Barker was not made for the benefit of Fitzg raid. He .never bad seen nor heard of these notes until long after ..Barker’s deed had been delivered. Nothing was owned ■or held by Fitzgerald at the delivery of Barker’s deed, to which the latter’s promise could possibly attach in his favor. In cases like this the action accrues only to the person for whose benefit the promise was made.
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Appeal from St. Louis Court of Appeals. (1) Tlie non-suit was right, because the promise of Barker was not made for the benefit of Fitzg raid. He .never bad seen nor heard of these notes until long after ..Barker’s deed had been delivered. Nothing was owned ■or held by Fitzgerald at the delivery of Barker’s deed, to which the latter’s promise could possibly attach in his favor. In cases like this the action accrues only to the person for whose benefit the promise was made. Robbins v. Ayres, 10 Mo. 538; Rogers «. Gosnell, 51 Mo. -466 ; Hannegan ¶. Hutchinson, 47 Mo.- 237; Fitzgerald n. Barker,…
1Opinion of the CourtSherwood, J.
This cause has been before us on a former occasion, 70 Mo. 685. It was then ruled, in affirmance of the judgment of the St. Louis court of appeals, that if a purchaser accepts and holds under a conveyance which contains a clause reciting that he has assumed and agrees to pay a note secured by a subsisting mortgage on the land, he thereby subjects himself to a liability which the holder of the note may enforce by a personal action. The cause came up here upon the sufficiency of the petition, which was adjudged sufficient. Since that time, the cause was heard in the circuit court, where, at the…
2Cases cited3 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Fitzgerald v. BarkerSupreme Court of Missouri · 1879
- Spears v. BondSupreme Court of Missouri · 1883
3Cited by24 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
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