Smithers v. Bircher
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: David v. Park,. 103 . Mass. 501 ;• Baumeister v. Alderman, 111 Mass. 261;.-Fisher v. Mullen, 103 Mass.; Bennett v. Judson, 21 N. Y. 238 ; Wakeman v. Dailey, 51 N. Y. 27 ; Langdon v. Green, 49 Mo. 363; Wannell v. Kim, 57 Mo. 478; Lindsay v. Davis, 30 Mo. 406 ; Collyer on Suretyship, 1, 2; Hammond v. Espy, 1 Wilson (Ind.), 536; Joliffe v. Collins, 21 Mo. 338 ; Peers v. Davis, 29 Mo. 184; McFarlands.
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Appeal from St. Louis Circuit Court. cited: David v. Park,. 103 . Mass. 501 ;• Baumeister v. Alderman, 111 Mass. 261;.-Fisher v. Mullen, 103 Mass.; Bennett v. Judson, 21 N. Y. 238 ; Wakeman v. Dailey, 51 N. Y. 27 ; Langdon v. Green, 49 Mo. 363; Wannell v. Kim, 57 Mo. 478; Lindsay v. Davis, 30 Mo. 406 ; Collyer on Suretyship, 1, 2; Hammond v. Espy, 1 Wilson (Ind.), 536; Joliffe v. Collins, 21 Mo. 338 ; Peers v. Davis, 29 Mo. 184; McFarlands. Carver, 34 Mo. 195 ; Owens v. Rector, 44 Mo. 389 ; Lang-don v. Green, 49 Mo. 363; Hazard v. Irwin, 18 Pick. 95 ;: Wakeley v. Dailey, 51 N. Y. 27. cited :…
1Opinion of the CourtBakewell, J.
The plaintiff claims in his petition that, on February 20, 1871, he owned’a lot of ground in St. Louis, which defendant then proposed to buy for $90,000. The payment was to be made by assuming an indebtedness of $35,000 to become due, and then a lien upon the property sold; the remaining purchase money was to be paid partly in cash, *501and partly in good real estate notes held by appellant, which notes were to- be equivalent to cash, and secured by •deeds of trust, constituting the first liens on the real estate .securing these notes. A portion of the debt due on the premises sold, and assumed…
2Cases cited3 opinions
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Barker v. ScudderSupreme Court of Missouri · 1874
- Carter v. BlackSupreme Court of Missouri · 1870
3Cited by9 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Judd v. WalkerMissouri Court of Appeals · 1905
- Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
- Hitchcock v. BaughanMissouri Court of Appeals · 1891
- Gaibout v. ClarkMissouri Court of Appeals · 1887
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