Paul v. Smith
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gf-. MoGIke&or, Judge. (1) The court erred in refusing to give instruction number 1, asked on behalf of plaintiff, and in giving instruction number 1, asked on behalf of defendant. No article could have been more necessary to defendant under the circumstances than a wagon. 7 Wait’s Act. & Def. 134; 5 Wait’s Act. &Def. 64; Wait on Fraud. Oon. & Creditors’ Bills, sec. 459 ; Mahoney v. Evans, 51 Pa. St. 80 ; 59 N. H. 354; 47 Am.
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Appeal from the Jasper Circuit Court. — Hon. M. Gf-. MoGIke&or, Judge. (1) The court erred in refusing to give instruction number 1, asked on behalf of plaintiff, and in giving instruction number 1, asked on behalf of defendant. No article could have been more necessary to defendant under the circumstances than a wagon. 7 Wait’s Act. & Def. 134; 5 Wait’s Act. &Def. 64; Wait on Fraud. Oon. & Creditors’ Bills, sec. 459 ; Mahoney v. Evans, 51 Pa. St. 80 ; 59 N. H. 354; 47 Am. Rep. 214, 215. If an infant is carrying, on business for himself with the consent of his parent or guardian, he can bind…
1Opinion of the CourtSmith, P. J.
This was a suit brought before a justice of the peace by plaintiff against the defendant to recover the balance claimed to be due on a promissory note. The case was appealed to the circuit court of Jasper county, where it was tried de novo. The defense was that of infancy. The facts disclosed by the record appear to have been that the plaintiff, who was a merchant and dealer in agricultural implements, sold to the defendant a wagon for seventy dollars and took his note therefor, payable one year after date, secured by a *279mortgage on the wagon. It appears, further, that the defendant was, at…
2Cases cited13 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Price v. FurmanSupreme Court of Vermont · 1855
- Lincoln v. BuckmasterSupreme Court of Vermont · 1860
- Decell v. LewenthalMississippi Supreme Court · 1879
- Heard v. SackSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Merrick v. StephensMissouri Court of Appeals · 1960
- Fenn v. Hart Dairy Co.Missouri Court of Appeals · 1935
- Gibbs ex rel. Hill v. Poplar Bluff Light & Power Co.Missouri Court of Appeals · 1910
- O'Donniley v. KinleyMissouri Court of Appeals · 1926
- Horstmeyer v. ConnorsMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.