Stoops v. Wittler
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Lartique v. Baldwin, 5 Marlon, 193; Beall v. Beck, 3 Har. & M. (Md.) 242; McKeller v. Powell, 4 Hawks (N. C.), 34; Mooris v. Lucas, 8 Blackf. (Ind.) 9; King v. Norman, 4 C. B. 884; Hermann on Estop. 49, 51; 1 Wag. Stat. 269, sec. 1; Freem. on Judg., sec. 189. cited: Koger v. Williams, 4 McLean, 577 ; 1 Greenl. on Ev., secs. 522, 523; State, to use, v. Coste et ad., 36 Mo. 437; State of Ohio, etc., v. Colerick, 3 Ham.
Read the full summary
Appeal from St. Louis Circuit Court. cited: Lartique v. Baldwin, 5 Marlon, 193; Beall v. Beck, 3 Har. & M. (Md.) 242; McKeller v. Powell, 4 Hawks (N. C.), 34; Mooris v. Lucas, 8 Blackf. (Ind.) 9; King v. Norman, 4 C. B. 884; Hermann on Estop. 49, 51; 1 Wag. Stat. 269, sec. 1; Freem. on Judg., sec. 189. cited: Koger v. Williams, 4 McLean, 577 ; 1 Greenl. on Ev., secs. 522, 523; State, to use, v. Coste et ad., 36 Mo. 437; State of Ohio, etc., v. Colerick, 3 Ham. (Ohio) 487; 1 Pars, on Notes & Bills, 207, and notes.
1Opinion of the CourtBakewell, J.
Plaintiff proved up, in the Probate Court, a demand against the estate of Frederick W. Wittier, deceased, founded on a promissory note by one Henry Wittier, payable to plaintiff, and on the back of which F. W. Wittier had written his name rs surety. On trial anew in the Circuit Court, defendant admitted that deceased had written his name on the note as surety for the maker, and the note was read in evidence. Defendant then offered to show, in defense of the claim, that there was a total failure of consideration for said note as between plaintiff, the payee, and Henry Wittier, the maker, for…
2Cases cited2 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Slee v. BloomCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by6 opinions
- Home Insurance Co. of New York v. SavageMissouri Court of Appeals · 1937
- State ex rel. Owen v. HollenbeckMissouri Court of Appeals · 1897
- Four Star Enterprises Equipment, Inc., RGH v. Employers Mutual Casualty Co.Missouri Court of Appeals · 2014
- State ex rel. City of St. Louis v. ThorntonMissouri Court of Appeals · 1879
- Commonwealth v. Turner, Pennsylvania Court of Common Pleas, Philadelphia County1940
1 more not listed; retrieve them via the Exa API.