Samuel Cupples Woodenware Co. v. Dreyfus & Jones
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. J. E. Slover, Judge. (1) Accord without satisfaction does not bar action on debt. Barton Bros. v. Hunter, 59 Mo. App. 610; Griboney v. Ins. Co., 48 Mo. App. 185; Groff v. Mulholland, 28 Mo. 397; 1 Ency. of Law and Proc., 313, et seq.; 1 Cent. Dig., col. 515, et seq. (2) Creditor may repudiate accord. Accord is a mere offer which may be withdrawn by creditor. This is expressly so ruled in Giboney v. Ins. Co., 48 Mo.
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Appeal from Jackson Circuit Court. — How. J. E. Slover, Judge. (1) Accord without satisfaction does not bar action on debt. Barton Bros. v. Hunter, 59 Mo. App. 610; Griboney v. Ins. Co., 48 Mo. App. 185; Groff v. Mulholland, 28 Mo. 397; 1 Ency. of Law and Proc., 313, et seq.; 1 Cent. Dig., col. 515, et seq. (2) Creditor may repudiate accord. Accord is a mere offer which may be withdrawn by creditor. This is expressly so ruled in Giboney v. Ins. Co., 48 Mo. App. 185,191. (3) Plaintiff did not accept the money in satisfaction of the debt sued on. 1 Ency. of PI. and Pr., 77; Drake v. Mitchell, 3…
1Opinion of the CourtBroaddus, J.
This suit is for an alleged balance due on account. It was begun before a justice of the peace where it was tried and appeal taken to the circuit court, where it was tried anew, the finding and judgment being for defendants, from which plaintiff appealed.
It appeared from the evidence that in February, 1901, defendants were financially embarrassed and contemplated taking the benefit of the National Bankruptcy Act, but concluded, however, in the end to compound their indebtedness with their creditors and succeeded in so doing with almost all of them by paying them at the rate of thirty-seven…
2Cases cited6 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Glasscock v. GlasscockSupreme Court of Missouri · 1877
- Hodgdon v. ChaseSupreme Judicial Court of Maine · 1848
- Chiles v. WallaceSupreme Court of Missouri · 1884
- Corbyn v. BrokmeyerMissouri Court of Appeals · 1900
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