Ubsdell v. Cunningham
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action originally commenced before a justice of the peace, and taken thence by appeal to the law commissioner’s court. The cause of action was founded on the following instruments, notes or due bills : On the trial before the law commissioner’s court, the following agreement or stipulation was given in evidence on the part of the plaintiffs : “ John A. Ubsdell and Charles Pierson v. Henry D. Cunningham.
Read the full summary
Appeal from St. Louis Law Commissioner’s Court. This was an action originally commenced before a justice of the peace, and taken thence by appeal to the law commissioner’s court. The cause of action was founded on the following instruments, notes or due bills : On the trial before the law commissioner’s court, the following agreement or stipulation was given in evidence on the part of the plaintiffs : “ John A. Ubsdell and Charles Pierson v. Henry D. Cunningham. It is stipulated in this case that the notes and accounts placed in hands of H. B. Potter, mentioned in the due bills sued on in…
1Opinion of the CourtLeonard, Judge
The only question that can be made here is, whether the obligation incurred by these note? is suspended upon the condition that the accounts referred to should be collected, or whether the words in one note, “ to be paid as soon as collected *126from my accounts at Pokeepsie,” and in the other, “ to be paid as soon as collected at Pokeepsie, now in the hands of H. B.' P. of that place,” ought to be understood merely as prescribing the time of payment, by indicating the fund out of which the debtor expected to pay, and thereby securing to him the delay necessary to render it available. Both notes…
2Cited by21 opinions
- Noland v. BullOregon Supreme Court · 1893
- Randall v. JohnsonMississippi Supreme Court · 1881
- Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
- Earle v. Sunnyside Land Co.California Supreme Court · 1907
- Hood v. Hampton Plains Exploration Co.U.S. Circuit Court for the District of Nevada · 1901
16 more not listed; retrieve them via the Exa API.