Nichols v. Douglass
Supreme Court of Missouri
ERROR to Callaway Circuit Court. I.The plea by McCulloch is not sustainable; because— 1. A court at law cannot entertain jurisdiction of a plea by a security alleging matter in discharge of the bond. 2. The plea sets forth no contract made by the obligee and principal to extend the time for the payment of the debt. 3. There is no consideration plead, as constituting the basis of a contract, and it was a nudum pactum. 4. There is no allegation that the extension was for a…
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ERROR to Callaway Circuit Court. I.The plea by McCulloch is not sustainable; because— 1. A court at law cannot entertain jurisdiction of a plea by a security alleging matter in discharge of the bond. 2. The plea sets forth no contract made by the obligee and principal to extend the time for the payment of the debt. 3. There is no consideration plead, as constituting the basis of a contract, and it was a nudum pactum. 4. There is no allegation that the extension was for a fixed and definite time. II. The endorsement on the note was no part of the original note; because — ■ 1. It was not made…
1Opinion of the CourtScott, Judge
The plaintiff sued the defendants by petition in debt, who filed the pleas of non est factum and accord and satisfaction. Issue was taken on these pleas.
The defendant McCulloch pleaded, separately, that the intestate, Smith, in his life-time, extended the time for the payment of the money upon the said supposed writing, and fixed upon a further time, at which the money was to become due, than that mentioned in said supposed writing; and that the said William H» *51McCulloch was security upon the said supposed writing for one John Douglass, the other said defendant in this behalf; and that the…
2Cases cited1 opinion
- McLemore v. PowellSupreme Court of the United States · 1827
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