Beardslee v. Morgner
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. There must be some privity between plaintiff and defendant, and a consideration must pass. — Mellen v. Whipple, 1 Gray, 817; Field v. Orawford, 6 Gray, 116; Manny v. Frayser’s Administrators, 27 Mo. 419 ; Page v. .Bedcer, 31 Mo. 466 ; Bullard v. Bandall, 1 Gray, 605; Millard v. Baldwin, 3 Gray, 484. One cannot assign a part of a negotiable instrument.— Love v. Fairfield, 13 Mo. 300; Mandeville v. Welsh, 5 Wheat. 277; Burnett v.…
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Appeal from St. Charles Circuit Court. There must be some privity between plaintiff and defendant, and a consideration must pass. — Mellen v. Whipple, 1 Gray, 817; Field v. Orawford, 6 Gray, 116; Manny v. Frayser’s Administrators, 27 Mo. 419 ; Page v. .Bedcer, 31 Mo. 466 ; Bullard v. Bandall, 1 Gray, 605; Millard v. Baldwin, 3 Gray, 484. One cannot assign a part of a negotiable instrument.— Love v. Fairfield, 13 Mo. 300; Mandeville v. Welsh, 5 Wheat. 277; Burnett v. Crandall, 63 Mo. 410. A party for whose benefit a promise has been made for a good and sufficient consideration may sue upon it,…
1Opinion of the CourtBaKewell, J.
It appears from the pleadings and evidence in this case that in May, 1861, Louisa Koch, wife of Peter Koch, owned a house and lot in St. Charles, worth about $3,000; the legal title being in one Eisser, as trustee, for her sole and separate use.
At that time Peter Koch owed $636 to Mary Weiss, and $759.68 to Beardslee & Brother, evidenced by his promissory notes, one given to Maiy Weiss, and .four to Beardslee & Brother. An attempt was made to secure these notes by deeds of trust on the house and lot mentioned above; but the deed of trust to Mary Weiss’s trustee was not signed by the trustee…
2Cases cited9 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Robbins v. AyresSupreme Court of Missouri · 1847
- Besshears v. RoweSupreme Court of Missouri · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Putthoff v. WalkerMissouri Court of Appeals · 1923
- Hayden v. LoganMissouri Court of Appeals · 1881
- Wilson, Reheis, Rolfes Lumber Co. v. WareMissouri Court of Appeals · 1910