Tucker v. Dolan
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Edwin R. McKee, Judge. (1) There was no evidence on which to submit the issue of new agreement and release of the notes, (a) There was no allegation of an intention or agreement of plaintiff to surrender the notes without payment, (b) All of defendant’s allegations in the answer and testimony to that effect was in the statute of frauds, pleaded in the reply, objected to on the trial on that ground, and asked to be excluded and withdrawn…
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Appeal from Knox Circuit Court. — Hon. Edwin R. McKee, Judge. (1) There was no evidence on which to submit the issue of new agreement and release of the notes, (a) There was no allegation of an intention or agreement of plaintiff to surrender the notes without payment, (b) All of defendant’s allegations in the answer and testimony to that effect was in the statute of frauds, pleaded in the reply, objected to on the trial on that ground, and asked to be excluded and withdrawn from the jury by instructions. The first oral agreement, possession and giving notes for, and part payment of the…
1Opinion of the CourtGoode, J.
The petition in this ease declares on three separate canses of action, each being a promissory note. The first count, or paragraph, is founded on a note for $1,480, dated February 1, 1896, due three ■years after date and drawing seven per cent interest. This note and another of the same date for $1,500, drawing the same rate of interest, were executed by Dolan to Tucker for the purchase-money of eighty-five acres of land in Knox county. The note for $1,500 is not in suit as it had been cancelled and surrendered before the suit was instituted. This land was bought by Tucker from Virginia…
2Cases cited17 opinions
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Young v. SchofieldSupreme Court of Missouri · 1896
- Larkin v. . HardenbrookNew York Court of Appeals · 1882
- Wendover v. BakerSupreme Court of Missouri · 1894
- Riley v. KershawSupreme Court of Missouri · 1873
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3Cited by4 opinions
- Burk v. WaltonSupreme Court of Missouri · 1935
- Sappington v. Central Mutual Insurance Ass'nMissouri Court of Appeals · 1934
- Harms v. Fidelity & Casualty Co.Missouri Court of Appeals · 1913
- Wayland v. PendletonSupreme Court of Missouri · 1935