L. & A. Scharff Distilling Co. v. Springfield Coal, Ice & Transfer Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court, Division Number Two. — Hon. Arch A. Johnson, Judge. (1) When one undertakes to pay tbe debt of ¡another, and by the same act pays his own debt, which-was the motive of the promise, the undertaking is not within the statute of frauds and need not be in writing.
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Appeal from Greene County Circuit Court, Division Number Two. — Hon. Arch A. Johnson, Judge. (1) When one undertakes to pay tbe debt of ¡another, and by the same act pays his own debt, which-was the motive of the promise, the undertaking is not within the statute of frauds and need not be in writing. Black v. Paul, 10 Mo. 106; Howard v. Coshow, 33 Mo. 123; Beshears v. Rowe, 46 Mo. 501; Flanagan v. Hutchinson, 47 Mo. 237; Holt v. Dollarhide, 61 Mo. 433; Wright v. McCully, 67 Mo. 134; Schufeldt v. Smith, 139 "Mo. 377; Beardslee v. Morgner, 4 Mo. App. 142; Wil-. •son v. Vass, 54 Mo. App. 221.…
1Opinion of the CourtRobertson, P. J.
This action was brought before a justice of the peace in Greene county upon a statement in two counts there filed, the first alleging that the defendant without leave and wrongfully took a barrel of whiskey belonging to the plaintiff which it had not returned, to plaintiff’s damage in the sum of $90.48, and the second count alleging that plaintiff was entitled to the immediate possession of the whiskey which came into possession of the defendant, who then and there unlawfully converted it to its own use and disposed of the same to plaintiff’s damage in said sum.
After a trial in the justice of…
Also in this document: Concurrence.
2Cases cited4 opinions
- Leckie v. BennettMissouri Court of Appeals · 1911
- Babbitt v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Davis v. DunnMissouri Court of Appeals · 1906
- Greene v. MussonMissouri Court of Appeals · 1913
3Cited by2 opinions
- Scott v. Wyoming Oils, Inc.Wyoming Supreme Court · 1938
- Emerson-Brantingham Implement Co. v. SawyerMissouri Court of Appeals · 1922