Maze v. Baird
Missouri Court of Appeals
Appeal from Madison Circuit Court. — Hon. James D. Fox, Judge. (1) The evidence of plaintiff, Eugene Labom Maze, shows there was no consideration for the instrument sued on, and this being the case it was a nudum pactum and can not be enforced against the estate of Pleasant.Maze. Lamp Co. v. Mfg. Co., 64 Mo.
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Appeal from Madison Circuit Court. — Hon. James D. Fox, Judge. (1) The evidence of plaintiff, Eugene Labom Maze, shows there was no consideration for the instrument sued on, and this being the case it was a nudum pactum and can not be enforced against the estate of Pleasant.Maze. Lamp Co. v. Mfg. Co., 64 Mo. App. 115; 'Brooks v. Owen, 112 Mo. 252. (2) A note should carry personal credit given to the maker and not be confined to credit upon any future contingency, event or fund. The liability of the maker should not be conditioned upon there being a particular fund or that he will leave an…
1Opinion of the CourtBland, P. J.
This cause was appealed from the probate court of Madison county. On a trial de novo, plaintiff recovered a verdict for $1,739.99. The defendant' duly appealed.
The instrument presented in the probate court for allowance against the estate of Pleasant Maze, deceased, and on which judgment was recovered, reads as follows:
“$1,500. Upperlake, July 15, 1897.
“I, the undersigned, promise to pay to Labom Eugene Maze the sum of fifteen hundred dollars, after my death, out *351of my estate, he known to be my youngest brother, interest from date till paid, five per cent per annum, for value received, July…
2Cases cited4 opinions
- Ubsdell v. CunninghamSupreme Court of Missouri · 1855
- First National Bank v. SkeenSupreme Court of Missouri · 1890
- Skinner v. Skinner's ExecutorsSupreme Court of Missouri · 1882
- First National Bank v. SkeenMissouri Court of Appeals · 1888
3Cited by8 opinions
- Green v. WhaleySupreme Court of Missouri · 1917
- Kansas City Life Insurance v. RaineySupreme Court of Missouri · 1944
- Smith v. LentiniSupreme Court of Vermont · 1966
- Scott v. CriderMissouri Court of Appeals · 1925
- Robbins v. Estate of RobbinsMissouri Court of Appeals · 1913
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