Legal Opinion

Walther v. Merrell

Missouri Court of Appeals

Decided December 31, 1878PublishedCited by 7 opinions

Appeal from St. Louis Circuit Court. The promise is based upon a valuable consideration moving between the promisor and promisee, from which the promisor derived an actual benefit and from which he anticipated a benefit, in view of which the promise was made, and hence the promise was original and not collateral. — Cross v. Richardson, 30 Yt. 641; Kutzmeyer v. Evans, 27 N. J. L. 371 Farley v. Cleveland, 4 Cow. 432; Marks v. Bank, 8-Mo. 316; Can v. Cassell, 34 Mo. 513; Hudson…

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Appeal from St. Louis Circuit Court. The promise is based upon a valuable consideration moving between the promisor and promisee, from which the promisor derived an actual benefit and from which he anticipated a benefit, in view of which the promise was made, and hence the promise was original and not collateral. — Cross v. Richardson, 30 Yt. 641; Kutzmeyer v. Evans, 27 N. J. L. 371 Farley v. Cleveland, 4 Cow. 432; Marks v. Bank, 8-Mo. 316; Can v. Cassell, 34 Mo. 513; Hudson v. Busby,. 48 Mo. 35 ; Lampson v. Hobart, 28 Yt. 697 ; Mallory v. Qillett, 21 N. Y. 412, 425 ; Hopkinson v. Davis, 5…

1Opinion of the CourtBakewell, J.

The petition of plaintiff alleged that in March, 1877, and for a long time prior thereto, and after that date, defendant was president of a banking corporation called the Bank of St. Louis, doing a general banking business in St. Louis ; that on July 12,. 1877, plaintiff had $4,200 on deposit in said bank, which had been received and deposited by him as receiver in a cause then pending; that “on July 14, 1877, having fears as to the solvency of said bank and the ■safety of the moneys so deposited, he went to said bank for the purpose of withdrawing said funds from the same, as he had a lawful…

2Cases cited10 opinions

  1. Mallory v. . GillettNew York Court of Appeals · 1860
  2. Leonard v. VredenburghNew York Supreme Court · 1811
  3. Fullam v. AdamsSupreme Court of Vermont · 1864
  4. Barker v. ScudderSupreme Court of Missouri · 1874
  5. Kingsley v. BalcomeNew York Supreme Court · 1848

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Lindley v. KellySupreme Court of Oklahoma · 1914
  2. Moore v. McHaneyMissouri Court of Appeals · 1915
  3. Winn v. HillyerMissouri Court of Appeals · 1891
  4. Kansas City Sewer Pipe Co. v. SmithCourt of Appeals of Kansas · 1889
  5. Ryan Equipment Co. v. FickenMissouri Court of Appeals · 1967

2 more not listed; retrieve them via the Exa API.

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