Legal Opinion

Leonard v. Marshall

U.S. Circuit Court for the District of Western Missouri

Decided May 21, 1897PublishedCited by 1 opinion

This was a suit iu equity by hi. W. Leonard against T. W. Marshall and William Challfant, Jr., to recover the sum of $2,600, with interest thereon to March 1, 1892. The facts were as follows : On October 10, 1883, the plaintiff, a resident of Howard county, Mo., loaned, through one X 0. Thompson, to one ,W. O. Green, a farmer of I’ettis county, Mo.. $5,000, and took his note, due in three years, secured by deed of trust, on 640 acres of Pettis county farm lands.

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This was a suit iu equity by hi. W. Leonard against T. W. Marshall and William Challfant, Jr., to recover the sum of $2,600, with interest thereon to March 1, 1892. The facts were as follows : On October 10, 1883, the plaintiff, a resident of Howard county, Mo., loaned, through one X 0. Thompson, to one ,W. O. Green, a farmer of I’ettis county, Mo.. $5,000, and took his note, due in three years, secured by deed of trust, on 640 acres of Pettis county farm lands. After this note became due, Thompv son suggested to Green that he could get him an eastern loan at a lower rate of interest, with…

1Opinion of the Court

PHILIPS, District Judge.

The first question of importance lying at the threshold of this controversy is one of law: If it were conceded that defendants had not paid over the money on the Green loan to Thompson, what right of action would complainant have to recover the fund in defendants’ hands? He could not sue at law therefor, on the ground that defendants owed Green, for the want of privity of contract. This is conceded by complainant’s counsel. The only ground, therefore, upon which he can recover is that asserted in the bill and argument, — as an assignee in equity under Green. I shall…

2Cases cited4 opinions

  1. Spraights v. . HawleyNew York Court of Appeals · 1868
  2. International Bank v. German BankSupreme Court of Missouri · 1879
  3. Robinson v. JarvisMissouri Court of Appeals · 1887
  4. Whittemore v. ObearSupreme Court of Missouri · 1874

3Cited by1 opinion

  1. In re the Estate of McGloneNew York Surrogate's Court · 1939

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