Ford v. Angelrodt
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action brought by plaintiff against defendants on a bill of exchange or draft for $387.47, drawn by one Charles W. Wernz on the defendants.
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Appeal from St. Louis Court of Common Pleas. This was an action brought by plaintiff against defendants on a bill of exchange or draft for $387.47, drawn by one Charles W. Wernz on the defendants. The plaintiff in his petition'alleged that on the 9th day of May, 1857, the defendants rendered to one Charles W. Wernz “an account stated,” whereby they acknowledge that they owed said Wernz the sum of $387.47; that Wernz on the 3d of September, 1857, and for value received, assigned and delivered to plaintiff said account, and then and there made his certain writing, paper, or draft, whereby he…
1Opinion of the CourtLovelace, Judge
The question in this case is whether the court erred in talcing the case from the jury, by instructing them that upon the evidence the plaintiff could not recover. Two points are raised by the bill of exceptions and brief: First — The plaintiff insists that the defendants accepted the bill sued on, and seeks to recover on their acceptance. Secondly — The plaintiff insists that there was an equitable assignment of the funds in the hands of the defendants belonging to the drawer of the bill. •
I. The evidence shows that the defendants agreed to pay the bill provided the plaintiff would procure…
2Cases cited1 opinion
- Kimball v. DonaldSupreme Court of Missouri · 1855
3Cited by13 opinions
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Bank of Commerce v. BogySupreme Court of Missouri · 1869
- Taylor v. NewmanSupreme Court of Missouri · 1883
- Hoffmann v. TownsendSupreme Court of Oklahoma · 1946
- Illinois Powder Mfg. Co. v. Security Bank & Trust Co.Supreme Court of Oklahoma · 1935
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