Crawford v. C. Aultman & Co.
Decision Date | 25 May 1897 |
Court | Missouri Supreme Court |
Parties | CRAWFORD v. C. AULTMAN & CO. et al. |
Appeal from circuit court, Barton county; D. P. Stratton, Judge.
Suit by Sarah A. Crawford against C. Aultman & Co. and another. From the decree, both plaintiff and defendant Aultman & Co. appeal. Reversed.
Robinson, Cole & Burnett, for appellants. McCluer & Bowling, for respondent.
This is a suit in equity, the object being, as appears from the allegations of plaintiff's petition, to set aside and cancel a certain note for $823, executed by plaintiff to C. Aultman & Co., on the 15th day of September, 1891, due 90 days after its date, and a deed of trust executed at the same time by her to one H. H. McCluer, as trustee for said Aultman & Co., on a tract of land in Barton county, Mo., to secure its payment, upon the ground that they were obtained by fraud and fraudulent representations. The trial resulted in a judgment and decree by which Aultman & Co. were required to pay to plaintiff the principal of said note, together with 8 per cent. interest on the same from its date to its maturity, which amounted to $836, and an order that execution issue against said company therefor. Both plaintiff and Aultman & Co. appeal. The material allegations of the petition are as follows: ...
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Morris v. Hanssen, 32208.
... ... [9 C.J. 1230; Crawford v. Aultman & Co., 139 Mo. 262, 272, 40 S.W. 952; Voorhis v. Gamble, 6 Mo. App. 1.] No objection, however, was made on this ground and at the trial ... ...
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