Clarkson v. Creely
Supreme Court of Missouri
Appeal from St. Louis Land Court. I. This is nqt a suit between the holder and the maker of the note ; therefore the decisions of Atwood v. Lewis, 6 Mo. 392; Bircher v. Payne, 7 Mo. 462, and of Bond v. Worley, 26 Mo. 255, do not apply. But in Gamier v. Papin, 30 Mo. 247, the court intimates that injunction would be a remedy to enforce such agreements, as are declared in these cases to be invalid as defences at law. II.
Read the full summary
Appeal from St. Louis Land Court. I. This is nqt a suit between the holder and the maker of the note ; therefore the decisions of Atwood v. Lewis, 6 Mo. 392; Bircher v. Payne, 7 Mo. 462, and of Bond v. Worley, 26 Mo. 255, do not apply. But in Gamier v. Papin, 30 Mo. 247, the court intimates that injunction would be a remedy to enforce such agreements, as are declared in these cases to be invalid as defences at law. II. The agreement as set up in the petition is a valid one, and would constitute a valid defence even in an action' at law. (Ward, Ass. v. Winship, 12 Mass. 600; Peabody v. Peter,…
1Opinion of the CourtBates, Judge
The amended petition stated that Robert Clarkson died intestate, and that the plaintiffs are his widow and minor children, his heirs; that in his lifetime he made a deed of trust of land in St. Louis, to Creely as trustee, to secure the pay. ment of a promissory note to McCartney & Co.;' and that after the maturity of the note, the defendant Luney purchased it from McCartney & Co. The petition then proceeds as follows:
“ Plaintiffs further allege that said Margaret Clarkson for and in behalf-of herself, and of her co-plaintiffs, her children, induced said Luney to make the purchase, promising…
2Cited by8 opinions
- Casper v. LeeSupreme Court of Missouri · 1952
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Shumate v. HoefnerSupreme Court of Missouri · 1941
- Clarkson v. CreelySupreme Court of Missouri · 1867
- Wolz v. ParkerSupreme Court of Missouri · 1896
3 more not listed; retrieve them via the Exa API.