Newman v. Newman
Missouri Court of Appeals
Appeal from Andrew Circuit Court, Hon. Henry S. Kelley, Judge. The case is stated in the opinion. I. The finding and the report of the referees is insufficient, and not in conformity with the order of the court referring the case. The account, as stated by them, is not a full one, but only partial, and none of the issues made by the pleadings are found by them.
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Appeal from Andrew Circuit Court, Hon. Henry S. Kelley, Judge. The case is stated in the opinion. I. The finding and the report of the referees is insufficient, and not in conformity with the order of the court referring the case. The account, as stated by them, is not a full one, but only partial, and none of the issues made by the pleadings are found by them. The account shows that it is erroneous upon its face, especially in failing to allow interest appearing to be due defendant. II. On the first point it is only necessary to refer to the order and judgment of the court re-referring the…
1Opinion of the CourtPhilips, P. J.
This is an appeal from a judgment rendered on the report of referees. The plaintiff sued to recover the sum of §1,357.50, the amount alleged to have been paid by him on a judgment against him as surety for defendants. Suit was instituted October 27, 1885. The defendants answered jointly, denying that the sum so paid by plaintiff was as surety ; but averred that plaintiff was a partner of defendants, and they made a joint note as such for the sum of six thousand dollars, and the amount paid by plaintiff was in renewal of a balance on said note.
*654In a second count the defendants alleged, that, in…
2Cases cited8 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Southgate v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Foster v. NowlinSupreme Court of Missouri · 1835
- Woodrow v. YoungerSupreme Court of Missouri · 1875
- Walter v. CathcartSupreme Court of Missouri · 1853
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3Cited by1 opinion
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896