Curry v. Lafon
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. J. D. Barnett., Judge. (1) A contract will be held illegal though it does not involve the commission of an indictable offense, or the violation of a statutory prohibition, although the formation of it does not amount to the offense of conspiracy, if it involves or contemplates the perpetration of a fraud upon a third person.
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Appeal from Audrain Circuit Court. — Hon. J. D. Barnett., Judge. (1) A contract will be held illegal though it does not involve the commission of an indictable offense, or the violation of a statutory prohibition, although the formation of it does not amount to the offense of conspiracy, if it involves or contemplates the perpetration of a fraud upon a third person. Ward v. Hartley, 178 Mo. 135; Siver v. Guaranty Co., 183 Mo. 41; McClure v. Ullman, 102 Mo. 697; Pendleton v. Asbury, 104 Mo. App. 723; Harrington v. Victoria Graving Dock Co., 3 Q. B. D. 549; Jackson v. Duchaire, 3 T. R. 551;…
1Opinion of the CourtNortoni, J.
This is a suit by the holder of a note against the grantee in a deed on a stipulation in the deed by which the defendant covenanted to assume and pay the note mentioned which was secured by a mortgage on the land conveyed by the deed. The plaintiff recovered and defendant appeals.
The facts out of which the controversy arose are somewhat complicated and will be stated in extenso. The plaintiff, Curry, and the defendant, LaFon, had formerly been partners in the real estate business. This partnership was dissolved, however, recently before their association in the present instance. Having…
2Cases cited24 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Overholser v. ClarkTennessee Supreme Court · 1850
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Fitzgerald v. BarkerSupreme Court of Missouri · 1884
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3Cited by13 opinions
- Willis v. RobinsonSupreme Court of Missouri · 1922
- Heaton v. DicksonMissouri Court of Appeals · 1910
- Gerardi v. ChristieMissouri Court of Appeals · 1910
- Londoff v. GarfinkelMissouri Court of Appeals · 1971
- Dent v. MatthewsMissouri Court of Appeals · 1919
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