Grimsley v. Admr's of Riley

• Decision Date: 30 June 1838
• Citation: 5 Mo. 280
• Parties: THORNTON GRIMSLEY v. ADMR'S OF MICHAEL RILEY.
• Court: Missouri Supreme Court

5 Mo. 280

THORNTON GRIMSLEY

v.ADMR'S OF MICHAEL RILEY.

Supreme Court of Missouri.

June Term, 1838.

J. SPALDING, for Plaintiff in Error. 1. The instrument sued on was not a sealed instrument. Its date is August 17, 1836. See Rev. Code, p. 118, § 3, which states that an instrument expressed on its face to be sealed, and having a scrawl affixed by way of seal, shall be adjudged a sealed instrument.

J. B. BOWLIN, for the Appellees. The bond is exhibited, by consent, in the bill of exceptions, and expresses in the body of it to be under seal, and the name ended by a dash or scrawl. The Rev. Code of 1835, p. 118, makes a scrawl equivalent to a seal. The 2 Mo. R. 220, Cartmill v. Hopkins, carries out the same doctrines. The word seal, in the attestation of the instrument, is of itself conclusive evidence of what the instrument is intended to be. This view is sustained by the reasonings of the courts. 1 Mun. p. 490: 3 Gill & Johns. 241.

EDWARDS, J.

The administrators of Riley sued Grimsley, Fleischman and Thompson. in the St. Louis Circuit Court, upon an alleged sealed instrument Grimsley pleaded, 1. That the supposed writing obligatory declared on was not his deed. 2. That the slaves mentioned in the said writing were never delivered and used under and in virtue of said writing obligatory. 3. That plaintiffs were not administrators of said Riley

To the second plea the plaintiffs demurred, and the demurrer was sustained. On the trial of the issues on the two other pleas, there was a finding and judgment for plaintiffs below, and Grimsley moved for a new trial, because there was no evidence that either of said defendants sealed the supposed obligation sued on, and the court overruled the motion, to which decision of the court the defendant excepted.

The bill of exceptions states that, on the trial of this case, the plaintiff, to prove his base, gave in evidence the following paper:

St. Louis, August 17, 1836. Twelve months after date, we or either of us promise to pay to P. McGovern and Hugh O'Neil, administrators of Michael Riley, deceesed, the full and lawful sum of one hundred and sixty dollars, it being for the hire of two slaves, named Levi and George--that is, one hundred and thirty-two dollars for Levi and thirty-six dollars for George, for twelve months from this date, belonging to the estate of said Riley; and we and each of us further bind ourselves to furnish said slaves with as good boarding, clothing, and medical aid as is usual for such persons, and to deliver said slaves...