Priddy v. Miners' & Merchants' Bank
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». Hugh Dabhs. Judge. (1) Agreeing to pay a debt in a deed which the grantee accepts, makes a contract and the relation of principal and surety then' exists between the mortgagor grantor, which was Paul in this case, and the grantee, Mr. Priddy. Nelson v. Brown, 140 Mo. 580; Pratt v. Oonway, 148 Mo. 291; Otrrick v. Durham, 79 Mo. 174; Greenwell v. Heritage, 71 M’o. 459; Bank v. Petit, 85 Mo. App. 508; Bank v. Edwards, 84 Mo.
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Appeal from Jasper Circuit Court. — No». Hugh Dabhs. Judge. (1) Agreeing to pay a debt in a deed which the grantee accepts, makes a contract and the relation of principal and surety then' exists between the mortgagor grantor, which was Paul in this case, and the grantee, Mr. Priddy. Nelson v. Brown, 140 Mo. 580; Pratt v. Oonway, 148 Mo. 291; Otrrick v. Durham, 79 Mo. 174; Greenwell v. Heritage, 71 M’o. 459; Bank v. Petit, 85 Mo. App. 508; Bank v. Edwards, 84 Mo. App. 470; Dickison v. Fisher, 137 Mo. 342; Sloan v. Campbell, 71 Mo. 387. (2) We have here a principal, Mr. Priddy, claming that the…
1Opinion of the CourtEllison, J.
This action was brought by plaintiff to recover from defendant twelve hundred and sixty-five dollars alleged to have been paid to it by the mistake of plaintiff induced by false representations of defendant. There was a change of venue from Lawrence to Jasper county where plaintiff had judgment. It appears that G. A. Paul borrowed $1,200 from O. J. Wilson, giving his note therefor. And that to secure payment of the note he executed, on same day, a chattel mortgage on a livery stock and a deed of trust on real estate. The realty was owned by his wife, Ella Paul, who joined in the execution of…
2Cases cited9 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Nelson v. BrownSupreme Court of Missouri · 1897
- Parker v. MarquisSupreme Court of Missouri · 1876
- Wayman v. JonesMissouri Court of Appeals · 1894
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3Cited by1 opinion
- Johnson v. MaierMissouri Court of Appeals · 1916