Legal Opinion

Swain v. Hill

Missouri Court of Appeals

Decided April 23, 1888PublishedCited by 5 opinions

Appeal from Chariton Circuit Court, Hon. G. D. Burgess, Judge. Statement of case by tbe court. This suit was begun before a justice of the peace where plaintiffs had judgment. On appeal to the circuit court it was dismissed on motion of defendant and plaintiffs appeal. The following is a copy of the statement filed with the justice: “ Jesse T. Swain, .. ' ‘ Thos. J. Martin, and “ Thos.

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Appeal from Chariton Circuit Court, Hon. G. D. Burgess, Judge. Statement of case by tbe court. This suit was begun before a justice of the peace where plaintiffs had judgment. On appeal to the circuit court it was dismissed on motion of defendant and plaintiffs appeal. The following is a copy of the statement filed with the justice: “ Jesse T. Swain, .. ' ‘ Thos. J. Martin, and “ Thos. T. Elliott, “ Suing herein for themselves and for all other persons having a common interest with them in the subject of this action, “ Plaintiffs. “ Against < ( William'E. Hill, Defendant. “Jesse T. Swain,…

1Opinion of the CourtEllison, J.

The sole question is, does the statement show a cause of action in plaintiffs?

There is no doubt that the validity of a subscription depends upon the law of contracts, i. e., it must have a payor and payee and be based on a consideration. Whether the mutual subscriptions of each subscriber are sufficient consideration for the promise of each, is a question in many cases, but is not necessary to- consider here, for the reason that the statement in this case not only alleges the several subscriptions, but that upon the faith of such subscriptions large amounts of money, *443work, and labor were…

2Cases cited5 opinions

  1. Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
  2. Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
  3. Underwood v. WaldronMichigan Supreme Court · 1863
  4. Griswold v. Board of Trustees of the Peoria UniversityIllinois Supreme Court · 1861
  5. New Lindell Hotel Co. v. SmithMissouri Court of Appeals · 1882

3Cited by5 opinions

  1. Strong v. EldridgeWashington Supreme Court · 1894
  2. Los Angeles National Bank v. VanceCalifornia Court of Appeal · 1908
  3. Missouri Wesleyan College v. ShulteSupreme Court of Missouri · 1940
  4. Young Men's Christian Ass'n v. MorrowMissouri Court of Appeals · 1912
  5. Levold v. PedersonWashington Supreme Court · 1924

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