Smith's Ex'r v. Benton
Supreme Court of Missouri
ERROR to Cooper Circuit Court. 1. The answer of the defendant presents no legal bar to the plaintiff’s action. It does not pretend to show that he, Benton, ever paid the demand sued for, nor does it set forth such a state of facts as ought to discharge him therefrom.
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ERROR to Cooper Circuit Court. 1. The answer of the defendant presents no legal bar to the plaintiff’s action. It does not pretend to show that he, Benton, ever paid the demand sued for, nor does it set forth such a state of facts as ought to discharge him therefrom. On the contrary, it contains a mass of confused matter, carrying upon its face an attempt to concoct a defence, with a view to mislead, without the approbation of his own conscience, and evincing a greater desire to have the political difficulties, between himself, Judge Napton and others, as well as the very good credit of his…
1Opinion of the CourtGamble, J.
The plaintiff in error sued Benton on a bond dated June 10th, 1821, by which Benton promissed to pay to Thomas A. Smith, plaintiff’s tes* tator. $2000, one day after date. On this bond there was a credit for $750, paid July 5th, 1821.
The defendant answered, stating that the bond was given for the purpose of enabling the obligee to raise immediately the sum of $2000, in part payment of sums then due him on pre-existing contracts, and that soon thereafter and long before the death of the said obligee (Thos. A. Smith) all such contracts were settled and paid and the said bond as part and parcel…
2Cited by4 opinions
- Laswell v. Presbyterian Church of Jefferson CitySupreme Court of Missouri · 1870
- Carr v. DingsSupreme Court of Missouri · 1873
- State ex rel. Third National Bank v. SmithSupreme Court of Missouri · 1891
- Third National Bank v. GartonMissouri Court of Appeals · 1890