Stone v. Wolfskill Bros.
Missouri Court of Appeals
Appeal from the Livingston Circuit Court.—Hon. E. J. Broaddus, Judge. The debt due Stone by the testimony of Kenyon, George and Elijah WolfsMll, and their evidence in the case relating to the assumption of this debt by Wolf-shill Brothers clearly shows that this was a debt of WolfsMll Brothers, and the finding in the circuit court should have been for plaintiff, allowing his claim against the estate of Wolfskill Brothers.
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Appeal from the Livingston Circuit Court.—Hon. E. J. Broaddus, Judge. The debt due Stone by the testimony of Kenyon, George and Elijah WolfsMll, and their evidence in the case relating to the assumption of this debt by Wolf-shill Brothers clearly shows that this was a debt of WolfsMll Brothers, and the finding in the circuit court should have been for plaintiff, allowing his claim against the estate of Wolfskill Brothers. Turner v. Jaycox, 40 N. Y. 470; Williams v. Shelly, 37 N. Y-375; Arnolds v. Nichols, 64 N. Y. 117; Miller v. Green, 55 N. Y. 270; Lawmer v. Fox, 20 N. Y. 268{Burnside v.…
1Opinion of the CourtGill, J.
This is a suit to charge the estate of Wolfskill Brothers with the payment of a note made by another firm, styled Wolfskin & Kenyon. On the part of the plaintiff, it was claimed that, upon the dis*443solution of the firm of Wolfskill & Kenyon, the new firm of Wolfskill Brothers, as part of the consideration for the purchase of the business, agreed to pay this note executed by Wolfskill & Kenyon to Stone. On a trial by the circuit court, without a jury, there was judgment for defendant and plaintiff appealed.
It is sought here to show that the trial court either misapprehended the facts of the…
2Cases cited5 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Carver v. ThornhillSupreme Court of Missouri · 1873
- Fox v. YoungMissouri Court of Appeals · 1886
- Putnam v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1886
- Fields v. BaumMissouri Court of Appeals · 1889
3Cited by1 opinion
- State v. ScottSupreme Court of Missouri · 1908