Bank of Laddonia v. Bright-Coy Commission Co.
Missouri Court of Appeals
Writ of Error to the St. Louis City Circuit Court.— Hon. W. M. Kinsey, Judge. The promise- of the defendant was to accept a draft drawn for the Bailey cattle. The testimony shows that the defendant refused to accept the draft drawn for the Bailey cattle. The evidence conclusively shows an oral agreement to accept Hobson’s draft drawn for the purchase of the cattle. Plaintiff cannot recover upon this oral promise. R. S. 1899, sec. 143; see Sess.
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Writ of Error to the St. Louis City Circuit Court.— Hon. W. M. Kinsey, Judge. The promise- of the defendant was to accept a draft drawn for the Bailey cattle. The testimony shows that the defendant refused to accept the draft drawn for the Bailey cattle. The evidence conclusively shows an oral agreement to accept Hobson’s draft drawn for the purchase of the cattle. Plaintiff cannot recover upon this oral promise. R. S. 1899, sec. 143; see Sess. Acts 1905, sec. 132, p. 258; Nichols v. Commercial Bank, 55 Mo. App. 81; Dickson v. March, 57 Mo. App. 566; Haeberle v. O’Day, 61 Mo. App. 390; Flato…
1Opinion of the CourtGoode, J.
(after stating the facts). — The verdict in this case should have been given on the separate counts, for though the first count may be taken as a broad statement of what is more particularly set forth *123in the other two, the third declares on a canse of action distinct from that stated in the second. The latter declares on a general agreement between defendant and Hobson for Hobson to purchase stock from various persons, and ship them to defendant, which would, thereupon, pay the price of the stock to plaintiff; whereas the third count declares on a special agreement with reference to the…
2Cases cited14 opinions
- Hall v. CordellSupreme Court of the United States · 1891
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Flato v. MulhallSupreme Court of Missouri · 1880
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Crone v. StindeSupreme Court of Missouri · 1900
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3Cited by3 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Farris v. PittsMissouri Court of Appeals · 1927
- Gate City National Bank v. ChickMissouri Court of Appeals · 1913