South Missouri Land Co. v. Rhodes
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. L. P. Stratton, Judge. (1) Tbe entry of satisfaction is nothing but a receipt, is only prima facie and not conclusive evidence of payment. Joerdens v. Schrimpf, 77 Mo. 383-387; Knox Co. v. Goggin, 105 Mo. 182-189; Christy v. Scott, 31 Mo. App. 337; Chappel v. Allen, 38 Mo. 223; Valle v. Iron Mountain Co., 27 Mo. 455; Crosby v. Chase, 17 Me. 371; Bean v. Boothly, 57 Me. 303; Homer v. Grashoh, 33 Md. 525; Peter’s Appeal, 2 Cent.
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Appeal from the Barton Circuit Court. — Hon. L. P. Stratton, Judge. (1) Tbe entry of satisfaction is nothing but a receipt, is only prima facie and not conclusive evidence of payment. Joerdens v. Schrimpf, 77 Mo. 383-387; Knox Co. v. Goggin, 105 Mo. 182-189; Christy v. Scott, 31 Mo. App. 337; Chappel v. Allen, 38 Mo. 223; Valle v. Iron Mountain Co., 27 Mo. 455; Crosby v. Chase, 17 Me. 371; Bean v. Boothly, 57 Me. 303; Homer v. Grashoh, 33 Md. 525; Peter’s Appeal, 2 Cent. Pa. 528; Hughes v. Torrence, 2 Cent. Pa. 334; Ferguson v. Glass-ford, 12 West. Rep. (Mich.) 436; Ins. Trust db Safe Deposit…
1Opinion of the CourtSmith, P. J.
— Action on a promissory note. Defense was payment. The undisputed facts in the case are that' defendant made his promissory note for $150 to the Yan Fossen & Wilcox Investment Company to secure which he executed a deed of trust on one hundred and sixty acres of land in Barton county. After-wards the said investment company was reorganized under the name of the Union Loan and Trust Company and succeeded to • the ownership of said defendant’s promissory note; that later on the defendant sold the land incumbered by said deed of trust lien, and after successive conveyances G. H. Nettleton became…
2Cases cited5 opinions
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Knox County v. GogginSupreme Court of Missouri · 1891
- St. Ferdinand Loretto Academy v. BobbSupreme Court of Missouri · 1873
- Kingston Bank v. GayNew York Supreme Court · 1854
- Christy v. ScottMissouri Court of Appeals · 1888
3Cited by4 opinions
- Burns v. BurnsSupreme Court of Alabama · 1933
- Davis v. McCollMissouri Court of Appeals · 1914
- Guignon v. Union Trust Co.Appellate Court of Illinois · 1894
- Burns v. BurnsSupreme Court of Alabama · 1933