Jordan v. Pence
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas.— Eon. David E. B'by, Judge. “Nothing is better settled in' this State than that a subsequent agreement which does not form any part of an original contract, nor is supported by the original consideration thereof, nor 'by any new consideration, is a mere nudum paotum of no force or validity.” Macfarland y. Heim, 127 M’o. 327; Williams v. Williams, 67 Mo. 662; McMahan y.
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Appeal from Louisiana Court of Common Pleas.— Eon. David E. B'by, Judge. “Nothing is better settled in' this State than that a subsequent agreement which does not form any part of an original contract, nor is supported by the original consideration thereof, nor 'by any new consideration, is a mere nudum paotum of no force or validity.” Macfarland y. Heim, 127 M’o. 327; Williams v. Williams, 67 Mo. 662; McMahan y. Geiger, 73 Mo. 145; Montgomery v. Auchley, 92 Mo. 126. The only issue of fact raised in this proceeding by the pleadings, to-wit: Did the interpleader own the property garnished? was…
1Opinion of the CourtBland, P. J.
Ed A. Glenn, as agent of the. owners, in 1904, rented seventv-flve acres of a large tract of farming land, in Pike county, Illinois, to Charles Pence, Pence agreeing to sow the whole of the land in wheat and pay one-half of the yield as rent. To secure loans made to him by Glenn, Pence gave the latter a chattel mortgage on his undivided one-half interest in the growing crop, and later (April 1, 1905) gave a second mortgage to his son, W. C. Pence, to secure the payment of three hundred and eighteen dollars due four months after date, with seven per cent interest from date, which was the price…
2Cases cited12 opinions
- Holmes v. RemsenNew York Supreme Court · 1822
- McPike v. McPikeSupreme Court of Missouri · 1892
- Martin v. NixonSupreme Court of Missouri · 1887
- Mason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1898
- Bourland v. County of PeoriaIllinois Supreme Court · 1855
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3Cited by1 opinion
- Dubach v. DysartMissouri Court of Appeals · 1914