Trumbo v. Flournoy
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. W. W. Ruokee, Judge. (1) There is no evidence whatever that John T. Flournoy or his wife, the defendant herein, was at any time indebted to Mr. Relph, the plaintiff’s intestate, on any account aside from the note for $250, sued on in this case. The trading mentioned in the evidence was not, in any instance, done between Mr. Flournoy individually and Mr. Relph.
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Appeal from the Linn Circuit Court. — Hon. W. W. Ruokee, Judge. (1) There is no evidence whatever that John T. Flournoy or his wife, the defendant herein, was at any time indebted to Mr. Relph, the plaintiff’s intestate, on any account aside from the note for $250, sued on in this case. The trading mentioned in the evidence was not, in any instance, done between Mr. Flournoy individually and Mr. Relph. All the buying that Flournoy did was as a member of a partnership and in the firm name. The evidence is all one way in that regard. The law is that “the mere delivery of money by one to…
1Opinion of the CourtGill, J.
In July, 1885, Mrs. Flournoy, together with her husband, John T. Flournoy (then living but since dead), for money borrowed, made to plaintiff’s intestate their promissory note for $250 due one year from date and bearing ten per cent interest. To secure the same Mrs. Flournoy executed a mortgage or deed of trust on certain real estate to which she had title but which was not a separate estate. Shortly before this suit was brought Relph, the payee and mortgagee, as also John T. Flournoy, died, and thereafter Relph’s administrator brought this action against Mrs. Flournoy to foreclose said deed…
2Cases cited1 opinion
- Farley Bros. v. CammannMissouri Court of Appeals · 1891
3Cited by7 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Hubbard v. Estate of HappelMissouri Court of Appeals · 1964
- Reesman v. RollinsonMissouri Court of Appeals · 1904
- Lane v. DowdSupreme Court of Missouri · 1903
- Martin v. PribilSupreme Court of Oklahoma · 1939
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