Wilson v. Vass
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. M. GL McGIbegob, Judge. The statement of the cause, of action, the sufficiency of which is controverted by appellant, is a perfect statement of a cause of action by novatipn. That statement alleges every fact essential to establish the liability of defendant by novation, and the right of plaintiff to sue and recover thereon.
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Appeal from the Lawrence Circuit Court. — Hon. M. GL McGIbegob, Judge. The statement of the cause, of action, the sufficiency of which is controverted by appellant, is a perfect statement of a cause of action by novatipn. That statement alleges every fact essential to establish the liability of defendant by novation, and the right of plaintiff to sue and recover thereon. The promise of the defendant was a direct undertaking to pay his own debt, and need not to have been in writing. Holt v. Dollarhide, 61 Mo. 433; Besshearsv. Bowe, 46Mo. 501; Flanagan v. Hutchinson, 47 Mo. 237.
1Opinion of the CourtRombauer, P. J.
— This action was instituted before a justice of the peace on a statement containing two causes of action, one on an open account for labor and material, the other on an indebtedness evidenced by writing. Upon the trial of the cause in the circuit court, the plaintiff recovered a verdict on both causes of action. The defendant complains on this appeal that error has intervened in the trial of the second cause of action, and that the recovery thereon was unwarranted.
Before the final submission of the cause in this court, it was shown to us by affidavits filed by the respondent that the bill of…
2Cases cited4 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Tipton v. RennerSupreme Court of Missouri · 1891
- Roberts v. BartlettMissouri Court of Appeals · 1887
- Holt v. DollarhideSupreme Court of Missouri · 1875