Cartwright v. Culver
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — JIon. Jos. P. Grubb, Judge. The discretion of the trial court as to granting or refusing the continuance, was unsoundly exercised, to the prejudice of the appellant. Carpenter v. Meyers, 32 Mo. 213; State v. Shreve, 39 Mo. 90; State v. Klinger, 43 Mo. 127; Frederick v. Rice, 46 Mo. 24. There was a failure of consideration for the notes. Appellant got neither title nor possession of the land for which they were given.
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Appeal from Buchanan Circuit Court. — JIon. Jos. P. Grubb, Judge. The discretion of the trial court as to granting or refusing the continuance, was unsoundly exercised, to the prejudice of the appellant. Carpenter v. Meyers, 32 Mo. 213; State v. Shreve, 39 Mo. 90; State v. Klinger, 43 Mo. 127; Frederick v. Rice, 46 Mo. 24. There was a failure of consideration for the notes. Appellant got neither title nor possession of the land for which they were given. Jones v. Shaver, 6 Mo. 642; Wellman v. Dismukes, 42 Mo. 101; Gamache v. Grimm, 23 Mo. 38; Morrison v. Edgar, 16 Mo. 411. The verdict of the…
1Opinion of the CourtHenry, J.
This suit originated before a justice of the peace on two notes executed by defendant and J. M. Shepherd, for $50 each, payable to plaintiff’s intestate. They were given for the balance of the purchase money of a *181tract of land, and the defense relied upon was, that the vendor had no title, and induced Shepherd to purchase the land, hy fraudulently and falsely representing that he had, and that plaintiff was insolvent, and Shepherd had not, nor ever had, possession of the land. From a judgment in favor of defendant, plaintiff appealed to the circuit court, in which a judgment was rendered for…
2Cases cited4 opinions
- Key v. JenningsSupreme Court of Missouri · 1877
- Pershing v. CanfieldSupreme Court of Missouri · 1879
- Mitchell v. McMullenSupreme Court of Missouri · 1875
- McCandless v. MooreSupreme Court of Missouri · 1872
3Cited by7 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Carter v. ButlerSupreme Court of Missouri · 1915
- Von Eime v. FuchsSupreme Court of Missouri · 1928
- Hunt v. MarshSupreme Court of Missouri · 1883
- Crosby v. EvansSupreme Court of Missouri · 1920
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