Raithel v. Smith
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. E. Geiger, Judge. This was a suit to recover of the defendants $46, the amount of a note executed by one JBollman in favor of plaintiff. The petition' alleged that Bollman, to secure the note, had given plaintiff a second mortgage on 40,000 bricks, and had afterwards sold the bricks to the defendants at $8 per thousand, with the express understanding that defendants should pay plaintiff’s note, and that they had failed to pay it.
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Appeal from Greene Circuit Court. — Hon. W. E. Geiger, Judge. This was a suit to recover of the defendants $46, the amount of a note executed by one JBollman in favor of plaintiff. The petition' alleged that Bollman, to secure the note, had given plaintiff a second mortgage on 40,000 bricks, and had afterwards sold the bricks to the defendants at $8 per thousand, with the express understanding that defendants should pay plaintiff’s note, and that they had failed to pay it. There was judgment for the defendants on the pleadings and proofs, and plaintiff appealed.
1Opinion of the CourtNapton, J.
In this ease the plaintiff failed to prove the contract alleged in his petition, and this appears from the testimony of his own witness. In May, 1875, Bollman, the witness referred to, sold the defendants a pile of bricks, which he estimated to contain between 40,000 and 50,000 bricks, at $8 a thousand. He informed the defendants at the time that there were two mortgages on the bricks, one to Owen for $192, and the other to plaintiff for $46. It was, therefore, agreed that defendants should pay $80 to Bollman, and the balance “to go in payments to Owen and plaintiff on the mortgages.” It…
2Cited by2 opinions
- Johnson v. MaierMissouri Court of Appeals · 1916
- Davis v. DunnMissouri Court of Appeals · 1906