Brown v. Kirk
Missouri Court of Appeals
Appeal from Linn Circuit Court, Hon. G. D. Burgess, Judge. Statement of case by the court. The petition states that plaintiffs are husband and wife; that in January, 1875, one Clarkson executed to the plaintiff, Minnie Brown, his promissory note for the sum of $850 ; and that for the better securing the payment thereof he executed to one Brownlee a deed of trust on certain described lands in Linn county; that in January, 1877, the defendant, Kirk, bought said land of…
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Appeal from Linn Circuit Court, Hon. G. D. Burgess, Judge. Statement of case by the court. The petition states that plaintiffs are husband and wife; that in January, 1875, one Clarkson executed to the plaintiff, Minnie Brown, his promissory note for the sum of $850 ; and that for the better securing the payment thereof he executed to one Brownlee a deed of trust on certain described lands in Linn county; that in January, 1877, the defendant, Kirk, bought said land of Clarkson, and by arrangement and agreement by all parties, plaintiffs and defendant and Clarkson, the defendant assumed payment…
1Opinion of the CourtPhilips, P. J.
The allegations of the petition, in respect of the agreement by which Clarkson was released on the assumption of payment of the note or debt by defendant, constitute a novation. 1 Pars. Cont. (7 Ed.) 217, et seq. ; Black v. Paul, 10 Mo. 103. The answer failed to deny this averment. On the contrary, it proceeded on the recognition of its truth by pleading a like arrangement respecting the sale to Wishard. By the novation, Clarkson'was discharged as the debtor of plaintiffs, and the debt, so far as he was concerned, was effectually extinguished; and the defendant, thenceforth, became the debtor…
2Cases cited11 opinions
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Corbett v. WatermanSupreme Court of Iowa · 1860
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Morriss v. Harveys & WilliamsSupreme Court of Virginia · 1881
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3Cited by9 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Wayman v. JonesMissouri Court of Appeals · 1894
- Engle v. BrownMissouri Court of Appeals · 1919
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Reynolds v. SchadeMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.