Legal Opinion

Phillips v. Evans

Supreme Court of Missouri

Decided July 15, 1866PublishedCited by 3 opinions

Appeal from Boone Circuit Court. In the year 1857, the appellee, Phillips, sold and delivered to the appellant, Evans, a certain negro, named “ Clara,” (on the 26th of August of that year,) for the sum and price of $1050, and about the same time he sold and delivered to said Evans certain personalty for the further sum of $-, which sums were added together, and the appellants executed their joint promissory note therefor.

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Appeal from Boone Circuit Court. In the year 1857, the appellee, Phillips, sold and delivered to the appellant, Evans, a certain negro, named “ Clara,” (on the 26th of August of that year,) for the sum and price of $1050, and about the same time he sold and delivered to said Evans certain personalty for the further sum of $-, which sums were added together, and the appellants executed their joint promissory note therefor. This note ran several years, and was finally renewed by adding the accumulated interest to the original amount, for a new principal, and a new note for such new principal…

1Opinion of the CourtWagner, Judge

This was an action commenced in the Boone County Circuit Court, returnable to the November term thereof, 1865, on a promissory note. In the year 1857, the respondent sold and delivered to the appellant, Evans, a certain negro girl named “ Clara,” for the consideration of one thousand and fifty dollars, for which he gave his promissory note, with Van Horne as surety. In 1861, the note, remaining unpaid, was renewed by the appellants, and suit was brought on the renewed note as above specified.

■ At the return term, the appellants filed their answer, stating that the note was executed for the…

2Cases cited3 opinions

  1. Sapington v. JeffriesSupreme Court of Missouri · 1852
  2. Barley v. CannonSupreme Court of Missouri · 1853
  3. Niedelet v. WalesSupreme Court of Missouri · 1852

3Cited by3 opinions

  1. State ex rel. Davis v. RogersSupreme Court of Missouri · 1883
  2. Houston v. LaneSupreme Court of Missouri · 1867
  3. Scott v. Vincennes Bridge Co.Missouri Court of Appeals · 1927

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