Caples v. Branham
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. Action by Capíes and others against Branham on a subscription paper to recover $100. The paper was in these words : “January 22d, 1853. “We, the undersigned, agree to pay the amounts affixed 'to onr respective names, to trustees to be appointed by the educational convention of the Methodist Episcopal church south, for the Weston district, for the purpose of purchasing grounds and building houses suitable for one or more high schools,…
Read the full summary
Appeal from Weston Court of Common Pleas. Action by Capíes and others against Branham on a subscription paper to recover $100. The paper was in these words : “January 22d, 1853. “We, the undersigned, agree to pay the amounts affixed 'to onr respective names, to trustees to be appointed by the educational convention of the Methodist Episcopal church south, for the Weston district, for the purpose of purchasing grounds and building houses suitable for one or more high schools, within the limits of Weston district; the place or places and character of the house or houses to be determined by said…
1Opinion of the CourtScott, Judge
1. Bills and negotiable promissory notes, by the common law, imported a consideration. Between the immediate parties to such instruments, the consideration might be enquired into as between the maker and promisee, and the drawer and the acceptor. All other contracts not under seal, whether written or oral, required a consideration. In 1765, Mr. Justice Wilmot was' strongly of the opinion, and Lord Mansfield apparently so, *247that a written promise not under seal, carrying with it the evidence of deliberation, required no consideration. Their opinion did not obtain. There is no difference at…
2Cases cited2 opinions
- Muldrow v. CaldwellSupreme Court of Missouri · 1842
- Rector v. FornierSupreme Court of Missouri · 1822
3Cited by7 opinions
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Sabine v. LeonardSupreme Court of Missouri · 1959
- Trustees of Christian University v. HoffmanMissouri Court of Appeals · 1902
- McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910
- Northern Kansas Town Co. v. OswaldSupreme Court of Kansas · 1877
2 more not listed; retrieve them via the Exa API.