Bass v. Sanborn
Missouri Court of Appeals
Appeal from Jackson Circuit-Court. — Hon. James Gibson, Judge. (1) There was a failure of proof. Beck v. Ferara, 19 Mo>. 30; Phleger v. Weltner, 21 Mo. App. 580; Priest v. Way, 87 Mo. 16; Chitty v. Railway Co., 148 Mo. 64; Clements v. Yeates, 69 Mo. 623; Cole v. Armour, 154 Mo. 333. (3) The court erred in admitting oral testimony to show that there was an oral agreement between San-born and Bass that Bass would not be required to pay the note in controversy.
Read the full summary
Appeal from Jackson Circuit-Court. — Hon. James Gibson, Judge. (1) There was a failure of proof. Beck v. Ferara, 19 Mo>. 30; Phleger v. Weltner, 21 Mo. App. 580; Priest v. Way, 87 Mo. 16; Chitty v. Railway Co., 148 Mo. 64; Clements v. Yeates, 69 Mo. 623; Cole v. Armour, 154 Mo. 333. (3) The court erred in admitting oral testimony to show that there was an oral agreement between San-born and Bass that Bass would not be required to pay the note in controversy. Jones v. Shaw, 67 M'o. 667; Bank v. Fesler, 89 Mo. App. 217; Frissell v. Mayer, 13 Mo. App. 331. (4) The court erred in overruling…
1Opinion of the CourtEllison, J.
Plaintiff brought his bill in equity to set aside and cancel a promissory note for $1,000, which he had executed to defendant Sanborn. The judgment in the trial court was for the plaintiff.
It appears from the allegations in the bill that San-born Avas president of the Goodloe-McClelland Commission Company and that he sold to plaintiff ten shares of the stock of the company for $1,000. And that then he proposed to sell him another ten shares for $1,000. At first, plaintiff declined to purchase the additional shares. But Sanborn falsely and fraudulently represented that the company had $18,000…
2Cases cited3 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Smith's Administrators v. ThomasSupreme Court of Missouri · 1860
- Barnard State Bank v. FeslerMissouri Court of Appeals · 1901
3Cited by4 opinions
- Popovsky v. GriwachSupreme Court of Missouri · 1951
- England v. HouserMissouri Court of Appeals · 1914
- First National Bank & Trust Co. v. LimppMissouri Court of Appeals · 1926
- Main Street Bank v. EnnisMissouri Court of Appeals · 1928