Badger Lumber Co. v. Meffert
Missouri Court of Appeals
Appeal from the Clay Circuit Coivrt.—Hon. E. J. Broaddus, Judge. STATEMENT BY GILL, J. Omitting the formal portion, plaintiff’s petition states: “That the defendant is indebted to plaintiff in the sum of two hundred and twenty-six ($226) dollars, in this: that on the twenty-sixth day of July, 1890, defendant, being indebted to one E. H. West in the sum of $226, and- at the same time, the said West being indebted to plaintiff in the said s.um of $226, he, the said defendant,…
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Appeal from the Clay Circuit Coivrt.—Hon. E. J. Broaddus, Judge. STATEMENT BY GILL, J. Omitting the formal portion, plaintiff’s petition states: “That the defendant is indebted to plaintiff in the sum of two hundred and twenty-six ($226) dollars, in this: that on the twenty-sixth day of July, 1890, defendant, being indebted to one E. H. West in the sum of $226, and- at the same time, the said West being indebted to plaintiff in the said s.um of $226, he, the said defendant, in consideration of his own said indebtedness to West, and in payment of the same, contracted and agreed with plaintiff…
1Opinion of the CourtGill, J.
The gist of plaintiff’s case, as set out in its petition, is this: Meffert was indebted to West in the sum of $226, and West was at the same time owing the lumber company a like amount. It was agreed that instead of Meffert paying West said sum, he (Meffert) should pay it to the lumber company. The defendant failed to comply with this promise and hence this suit. It was what the law calls a novation; the contractual relations existing between West as creditor and Meffert as debtor was to give way to the new arrangement whereby Meffert was to stand as debtor to the lumber company.
A novation is…
2Cases cited1 opinion
- Lee v. PorterMissouri Court of Appeals · 1885
3Cited by3 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Burnham, Hanna, Munger & Co. v. W. H. Tillery & Co.Missouri Court of Appeals · 1900
- Nickerson v. Leader Mercantile Co.Court of Appeals of Kansas · 1901