Legal Opinion

Bushong v. Taylor

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 11 opinions

Appeal from Pettis Circuit Court. — Hon. Wm. T. Wood, Judge. The note from which this suit originated was for the sum of $1,250, payable to Cyrus Newkirk and signed in their individual capacities by the trustees of the Methodist Episcopal Church at Sedalia, and by plaintiff, then pastor of the church.

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Appeal from Pettis Circuit Court. — Hon. Wm. T. Wood, Judge. The note from which this suit originated was for the sum of $1,250, payable to Cyrus Newkirk and signed in their individual capacities by the trustees of the Methodist Episcopal Church at Sedalia, and by plaintiff, then pastor of the church. Afterwards Newkirk recovered judgment on the note against plaintiff, and sold land of the latter under execution thereon, and bought it in for a small sum at the execution sale. Subsequently, in July, 1877, plaintiff obtained a re-conveyance from Newkirk of the land on terms agreed on between…

1Opinion of the CourtSherwood, J.

This was a proceeding in equity and irvrem. Its object was to subject certain church property of the Methodist Episcopal Church to the payment of a. sum of money which became due to the plaintiff, because of a loan made by him to the trustees of that church,, for which loan a note was executed by the trustees to' plaintiff for $1,250, and a like note to Newkirk, and the' board of trustees, also, ordered that a mortgage on the' church property be executed for the purpose of securing' these notes, but the mortgage was never made. The plaintiff’was successful in the trial court in subjecting the…

2Cases cited10 opinions

  1. Furnold v. Bank of the StateSupreme Court of Missouri · 1869
  2. Hearne v. KeathSupreme Court of Missouri · 1876
  3. Ferris v. ThawSupreme Court of Missouri · 1880
  4. Witherby v. MannNew York Supreme Court · 1814
  5. Van Vechten v. TerryNew York Court of Chancery · 1816

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3Cited by11 opinions

  1. Burrus v. CookSupreme Court of Missouri · 1908
  2. Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
  3. Ervin v. DavisSupreme Court of Missouri · 1947
  4. Farm & Home Savings & Loan Ass'n v. ArmstrongSupreme Court of Missouri · 1935
  5. H. Blum & Co. v. LandauOhio Court of Appeals · 1926

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