Glascock v. Rand

Citation14 Mo. 550
PartiesGLASCOCK AND OTHERS v. RAND.
Decision Date31 March 1851
CourtUnited States State Supreme Court of Missouri

APPEAL FROM MARION CIRCUIT COURT.

GLOVER & CAMPBELL, for Appellee. ... It does not appear by the affidavit of Glascock, he had any defense to the suit. 2. It does not appear how the note came to be executed to Rand. 3. It does not appear that the pretended testimony wanted was not to be had in Marion county at and before the trial. That he wrote letters is nothing; may have written them to the wrong place to get a continuance. Mrs. Brigham knew the ages of her children, why did not take her deposition. When did Fuqua tell him? May be some one told him before Fuqua did. 4. What is meant by “the testimony” mentioned in connection with Richmond's letter; what was it? 5. How was it material the note being given in part for the interest of Brigham's heirs that three of the heirs were under age. Did the infants sell to him? Was the sale made by proceedings in partition, by trustees, or how? 6. Suppose Lavinia Brooks was not 21 years of age when she signed her deed, what has that to do with it? Why did he not prove that; he does not show. Was Lavinia Brooks one of the three heirs? 7. Suppose he was interested in the share of three infants who had not conveyed. This is not of course a defense. He may have secured himself by indemnifying bonds that they should convey on arriving at age.

BIRCH, J.

This was a petition in debt--plea the statutory one. Glascock was served on the 22nd of June, 1849. At the trial torm in November following, the cause was continued on his affidavit; and at the succeeding term, in March, 1850, he again applied for a continuance, filing, for that purpose, the following affidavit: Stephen Glascock states that the above note was given in conjunction with three others, in part consideration of the interest of Brigham's heirs in lands and lots in Hannibal, for which interest he gave $1,500 in cash, and four notes for $1,250 each. Two of the notes he has paid. The legal title to the land and lots purchased is in the three heirs of Brigham, but one of whom was of age at the time of purchase, as respondent has been informed and believes. Deponent is anxious to obtain a title for said land that will place him out of further trouble as to that title. Deponent in February last wrote to William Brigham, to Frankfort, Ky., if he was of age to send a deed of the property. Deponent further expected to prove by the family record the age of the children of William Brigham,...

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4 cases
  • Williams v. Neely
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 18 Noviembre 1904
    ...the covenant against incumbrances was broken, the defense to the note existed, and Neely knew it when he purchased the note. In Glascock v. Rand, 14 Mo. 550, and Van Buskirk, v. Day, 32 Ill. 260, 267, 268, that is said upon this question is obiter dictum, and it goes on farther than to expr......
  • Edwards v. Johnston
    • United States
    • United States State Supreme Court of Wyoming
    • 1 Noviembre 1915
    ...is not bound to see to the execution of the contract by payee. (Teideman on Com. Paper, Vol. 1, p. 261, Sec. 300. See also Glascock v. Rand, 14 Mo. 550; Cagle Lane (Ark.), 5 S.W. 790; Iron Co. v. Brown, 63 Me. 139; Dissenting opinion in Williams v. Neeley, 134 F. 1; Flood v. Petry (Cal.), 1......
  • Brown v. Weldon
    • United States
    • United States State Supreme Court of Missouri
    • 24 Febrero 1890
    ...their notes for the price of the jack, payable to Brown, are not entitled to a deduction because of any unsoundness of the jack. Glascock v. Rand, 14 Mo. 550; Neg. Inst., sec. 176; Smith v. Brown, 63 Me. 139; Aldrich v. Stockwell, 9 Allen, 45. (9) The measure of damage for non-registry of t......
  • Dirlam v. Wenger
    • United States
    • United States State Supreme Court of Missouri
    • 31 Marzo 1851

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