Elmer v. Campbell
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. Where the evidence shows a transaction with an individual member of a partnership made before the partnership is entered into, and the suit is against the partnership, and the evidence does not show a justification for the action against the partnership, this action cannot be maintained. CalloAvay v. Woodward, 28 Mo.
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Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. Where the evidence shows a transaction with an individual member of a partnership made before the partnership is entered into, and the suit is against the partnership, and the evidence does not show a justification for the action against the partnership, this action cannot be maintained. CalloAvay v. Woodward, 28 Mo. App, 324. Extinguishment or abandonment by plaintiffs of their claim against the company was sufficient consideration for defendants’ promise to pay the debt, Delaney v. BoAvman, 82 Mo. App. 252; Brownlew v. Wallard,…
1Opinion of the CourtGoode, J.
Plaintiffs, J. E. Callahan and America Callahan, were principals on a promissory note for $200, executed and delivered to the Dent County Savings Bank, on which plaintiffs Elmer, Dye and Collier were sureties, and were indemnified by a deed of trust on a tract of land. The Callahans sold and conveyed the land to J. A. Murray. The sureties on the note to the bank released the deed of trust given to indemnify them, on an agreement that $75 of the purchase money should be turned over to the sureties to be applied on the note. Murray gave a check for this sum, Avhich was turned over by the other…
2Cases cited2 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Lucas v. ColeSupreme Court of Missouri · 1874
3Cited by4 opinions
- Glicken v. BradfordDistrict Court, S.D. New York · 1964
- Masterson v. PergamentCourt of Appeals for the Sixth Circuit · 1953
- Boone County Lumber Co. v. NiedermeyerMissouri Court of Appeals · 1915
- Wallace v. WorkmanMissouri Court of Appeals · 1915