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15 Mo. 627

Harper v. Hunter

Supreme Court of Missouri

Decided March 15, 1852

Supreme Court of Missouri · decided 1852-03-15

This was a suit on an account for goods, wares and merchandise, set and determined in the New Madrid circuit court Only one of the defendants, towit: Hunter put in an answer. As for Hamilton, the or,her defendant, the suit was undefended. Hunter, in his answer, denied that he had purchased the goods, or that they had been purchased by any person authorized by him to make purchases.

Decided 1852-03-15

Gamble, J.,

¶1delivered the opinion of the court.

¶2Harper sued the appellant for goods, wares and merchandise, sold and delivered. Hunter answered the petition, denying that he had purchased the goods, or that they bad been purchased by his authority. Hamilton did not answer.

¶3The ease was tried by the court and a verdict and judgment rendered for the plaintiff, for the amount of the account. No question of law was made in the circuit court, either upon the pleadings or at the trial. There is no bill of exceptions upon the record. There was no objection made to the finding of the court.

¶4Under such a state of facts, it is impossible that the appeal can have been taken for any other object than to obtain delay, and with the concurrence of the other judges it is directed that tbe judgment of the circuit court be affirmed, with damages at the rate of ten per cent, upon the amount of the judgment.

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