Osborne v. Fridrich
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jas. E. Withrow, Judge. (1) The compromise of a doubtful claim is a sufficient consideration for a promissory note. After a compromise has been entered into in good faith, the merits of the original' controversy are immaterial, in an action to enforce the satisfaction. 6 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Eon. Jas. E. Withrow, Judge. (1) The compromise of a doubtful claim is a sufficient consideration for a promissory note. After a compromise has been entered into in good faith, the merits of the original' controversy are immaterial, in an action to enforce the satisfaction. 6 Am. and Eng. Ency. of Law (2 Ed.),.p. 714; 8 Cyc., pp. 517, 518; Draper v. Owsley, 15 Mo, 618; Stephens v. Spiers, 25 Mo. 386; Rawlins v. Rawlins, 102 Mo. 563; McCormack v. Railroad, 154. Mo. 191; Pickel v. Chamber of Commerce, 10 Mb. App. 191; Buffington v. Land Co., 25 Mo.…
1Opinion of the CourtGoode, J.
This action is on a promissory note dated November 5, 1906, due two months after date, for tbe sum of three hundred dollars with eight per cent interest, payable to A. L. Shoults, signed by respondent John H. Fridrich, and indorsed by Shoults to appellant. The defenses are want of consideration for the note and usury in the transactions out of which it grew. In 1902 Shoults borrowed some money from John H. Yette on a note with Fridrich as surety. This debt ran along until 1904, when cash to pay it was borrowed from C. W. McFarland, Osborne and Fridrich executing a note to McFarland similar to…
2Cases cited18 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Long v. TowlSupreme Court of Missouri · 1868
- Feeter v. . WeberNew York Court of Appeals · 1879
- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
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