John A. Tolman Co. v. Means
Missouri Court of Appeals
Appeal from the Putnam Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in refusing to sustain defendants’ objection to the introduction of testimony on plaintiff’s petition. Bank v. Shine, 48 Mo. 456, and cases cited; Childs v. Bankin, 9 Mo. 673. It is not-sufficient to make a case to show that there was at the time the guaranty was signed a contract between the-plaintiff and Slade; but it must be shown that the said contract was before the guarantors.
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Appeal from the Putnam Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in refusing to sustain defendants’ objection to the introduction of testimony on plaintiff’s petition. Bank v. Shine, 48 Mo. 456, and cases cited; Childs v. Bankin, 9 Mo. 673. It is not-sufficient to make a case to show that there was at the time the guaranty was signed a contract between the-plaintiff and Slade; but it must be shown that the said contract was before the guarantors. Childs v. Bankin, supra. The court erred in giving the first instruction, asked by plaintiff, and in refusing the fifth,…
1Opinion of the CourtEllison, J.
This action is based on a contract of guaranty, which contract arose under the following circumstances:.One Slade was employed as a traveling salesman for plaintiffs who were a wholesale firm doing business in the city of Chicago. His employment being evidenced by the following writing, viz.:
“This memorandum certifies: Engaged James N. Slade as salesman to solicit orders for goods for us (John A. Tolman Company), he expending his entire time and energy in faithfully and intelligently rendering such service for one year from date (or at our option as to time). We are to pay him forty per cent,…
2Cases cited8 opinions
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Craft v. IshamSupreme Court of Connecticut · 1838
- Rankin v. ChildsSupreme Court of Missouri · 1846
- Barker v. ScudderSupreme Court of Missouri · 1874
- Beekman v. HaleNew York Supreme Court · 1819
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3Cited by6 opinions
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Deering Harvester Co. v. SulserMissouri Court of Appeals · 1899
- Bryant v. StoutIndiana Court of Appeals · 1896
- Peninsular Stove Co. v. Adams Hardware & Furniture Co.Missouri Court of Appeals · 1902
- John Deere Plow Co. v. McCulloughMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.