West Publishing Co. v. Corbett
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. The evidence clearly establishes the fact that appellant gave his note in full satisfaction of his open account with respondent and this action should have been upon the note and the judgment should, therefore, have been for the appellant. Rawlings v. Rawlins, 102 Mo. 563; Curtis v. Browne, 63 Mo. App. 431 , Mohney v. Reed, 40 Mo. App. 99; Griffith v. Creighton, 61 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. The evidence clearly establishes the fact that appellant gave his note in full satisfaction of his open account with respondent and this action should have been upon the note and the judgment should, therefore, have been for the appellant. Rawlings v. Rawlins, 102 Mo. 563; Curtis v. Browne, 63 Mo. App. 431 , Mohney v. Reed, 40 Mo. App. 99; Griffith v. Creighton, 61 Mo. App. 1; 1 Cyc., pp. 336, 337 (d). (1) The giving of a note does not constitute a. payment nor operate as an extinguishment of a prior existing debt, unless…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendant contends that his declaration in the nature of a demurrer to the evidence should have been givgn. There is no serious controversy but that he was indebted to the plaintiff for the books, and if there was such controversy there was sufficient evidence to sustain the finding against defendant on that issue. The existence of the indebtedness being established, the burden of proving its payment or extinguishment was upon the defendant. Defendant does not assert that there was payment in money, but claims that the taking of the twelve dollar note by…
2Cases cited3 opinions
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- Chorn v. ZollingerMissouri Court of Appeals · 1910
- Steamboat Charlotte v. Lumm ex rel. HammondSupreme Court of Missouri · 1845
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- Hargadine-Mckittrick Dry Goods Co. v. BreedloveSupreme Court of Oklahoma · 1913
- Wooldridge v. HopkinsMissouri Court of Appeals · 1926
- Estes v. FrancisMissouri Court of Appeals · 1963