Bahrenburg v. Conrad Schopp Fruit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J as. I'J. Withrow, Judge. The instructions in the nature of demurrers to the evidence asked by the defendant should have been given. Coal Co. v. St. Louis, 145 Mo. 651; Lightfoot v. Hurd, 113 Mo. App. 612; Andrews v. Stubbs C. Co., 100 Mo. App. 599; St. Joseph Sch. Bd. v. Hull, 72 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. J as. I'J. Withrow, Judge. The instructions in the nature of demurrers to the evidence asked by the defendant should have been given. Coal Co. v. St. Louis, 145 Mo. 651; Lightfoot v. Hurd, 113 Mo. App. 612; Andrews v. Stubbs C. Co., 100 Mo. App. 599; St. Joseph Sch. Bd. v. Hull, 72 Mo. App. 403; Adams v. Helm, 55 Mo. 468; Mills v. Summer, 53 Hun 392. Trial court did not err in overruling the demurrer to the evidence. 1. Because the plea of accord and satisfaction is a technical defense and the burden of proving it rests upon the defendant.…
1Opinion of the CourtGoode, J.
(after stating the facts). — It was the contention of defendant’s counsel below, and is their con tention here, that acceptance of the cashier’s check under the circumstances stated, constituted an accord and satisfaction and barred a recovery by plaintiffs of the balance alleged to be owing to them. The issue of whether there had been an accord and satisfaction was submitted to the jury by the court below in instructions and found in plaintiffs’ favor. But it is insisted by defendant’s counsel that, as all the facts on which the defense of accord and satisfaction depended, were in writing,…
2Cases cited15 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Preston v. GrantSupreme Court of Vermont · 1861
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Potter v. DouglassSupreme Court of Connecticut · 1877
- Adams v. HelmSupreme Court of Missouri · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Emerson v. TreadwayMissouri Court of Appeals · 1954
- Clay v. RossiIdaho Supreme Court · 1940
- Frazier v. RayNew Mexico Supreme Court · 1923
- Rose v. American Paper Co.Supreme Court of New Jersey · 1912
- Ellis v. MansfieldMissouri Court of Appeals · 1923
6 more not listed; retrieve them via the Exa API.