Legal Opinion

Cobb v. Houston

Missouri Court of Appeals

Decided March 27, 1906PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Son. Moses N. Sale, Judge. Any debt, whether it has been reduced to judgment or not, which has not been recognized by the debtor for twenty years, Avhere no attempt has been made to enforce its collection, is presumed by the common law to have been paid or satisfied, even though the Statute of Limitations has not barred an action thereon, by reason of the absence or non-residence of the defendant. Taylor v. Megorgee, 2 Pa.

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Appeal from St. Louis City Circuit Court. — Son. Moses N. Sale, Judge. Any debt, whether it has been reduced to judgment or not, which has not been recognized by the debtor for twenty years, Avhere no attempt has been made to enforce its collection, is presumed by the common law to have been paid or satisfied, even though the Statute of Limitations has not barred an action thereon, by reason of the absence or non-residence of the defendant. Taylor v. Megorgee, 2 Pa. St. 226; Beekman v. Hamlin, 19 Oreg. 889; Stover v. Duren, 51 Am. Dec. 636; Kline v. Kline, 20 Pa. St. 503; 22 Am. & E. Encv.…

1Opinion of the CourtBland, P. J.

On the eleventh day of February, 1879, the plaintiff recovered a judgment in the circuit court of the city of St. Louis, against defendant for four hundred and thirty-seven dollars and fifty cents, with interest from the date thereof at the rate of six per cent per annum. The present suit is founded on this judg*648ment. ■ Te petition alleged “that at the time of the institution of said suit and the rendition of said judgment defendant was a resident of this State; that defendant departed from the State of Missouri in June, 1883, and has resided continuously since that date beyond the limits of…

2Cases cited22 opinions

  1. The BlackwallSupreme Court of the United States · 1870
  2. Oregon Railway & Navigation Co. v. Oregonian Railway Co.Supreme Court of the United States · 1889
  3. Gaines v. MillerSupreme Court of the United States · 1884
  4. United States v. WileySupreme Court of the United States · 1871
  5. Fisher v. Mayor of New YorkNew York Court of Appeals · 1876

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3Cited by4 opinions

  1. Ballard v. Standard Printing Co.Supreme Court of Missouri · 1947
  2. Bick v. RobbinsMissouri Court of Appeals · 1908
  3. Good v. KleinhammerSupreme Court of Kansas · 1926
  4. City of Columbia ex rel. Exchange National Bank v. Johnson Investment & Rental Co.Court of Appeals of Kansas · 1970

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