Sharp v. Garnet
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) This action is not on the note, but is based on the judgment of Huling and Chapman against Sharp, and the payment of said judgment by Sharp. The note was not in plaintiff’s possession when this suit was instituted.
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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) This action is not on the note, but is based on the judgment of Huling and Chapman against Sharp, and the payment of said judgment by Sharp. The note was not in plaintiff’s possession when this suit was instituted. The trial court so held, and by its judgment awarded plaintiff exactly the amount paid out by him on the judgment and costs, with interest át six percent., when the note provided for interest at eight per cent. The judgment ought therefore to have been for the defendant, as, if plaintiff had any cause of action…
1Opinion of the CourtEllison, J.
— The following statement is taken substantially from that prepared by defendant’s counsel (appellant here), as it gives a sufficient history of the ease and the facts connected therewith: In 1886 a syndicate composed of the defendant, Grarnett, Huling and Chapman, and Davidson Brothers, purchased of plaintiff a tract of land in Clay county, Missouri. They paid him part of the purchase money in cash and, for convenience, had the plaintiff convey the land to tho defendant, and the defendant executed to plaintiff for the unpaid purchase money his two notes, one for $3,500 and one for $1,750,…
2Cases cited2 opinions
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Peers v. KirkhamSupreme Court of Missouri · 1870