Welch v. Mischke
Missouri Court of Appeals
Appeal from Crawford Circuit Court. — Eon. L. B. Woodside, Judge. (1) The antecedent existence of the indebtedness having been proved by the creditor, the burden of proving its discharge is upon the debtor or person alleging the discharge. Supply Co. v. Wolfe, 127 Mo. 616; Barrett v. Kern, 141 Mo. App. 48Griffith v. Creighton, 61 Mo. App. 1; Diel v. Stegner, 56 Mo. App. 535 ; Carder v. Primm, 47 Mo. App. 301; Hutchinson v. Henry, 44 Mo.
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Appeal from Crawford Circuit Court. — Eon. L. B. Woodside, Judge. (1) The antecedent existence of the indebtedness having been proved by the creditor, the burden of proving its discharge is upon the debtor or person alleging the discharge. Supply Co. v. Wolfe, 127 Mo. 616; Barrett v. Kern, 141 Mo. App. 48Griffith v. Creighton, 61 Mo. App. 1; Diel v. Stegner, 56 Mo. App. 535 ; Carder v. Primm, 47 Mo. App. 301; Hutchinson v. Henry, 44 Mo. App. 263. (2) It is an elemental principle that neither the promise to do nor the actual doing of a thing which the 'promisee is already bound by law to do is…
1Opinion of the CourtNixon, P. J.
This was a suit on a promissory note for the principal sum of $549.32, executed by defendant (Mischke) to plaintiff (Welch) for the purchase price of a stave saw and appurtenances, the plaintiff retaining a vendor’s lien on said machinery in the language usually employed in the creation of such liens. Plaintiff prayed for judgment on the note in the sum of $724.40 (principal and interest), for the enforcement of the lien and for the sale of the property to satisfy said judgment and costs.
Defendant, for answer, admitted the execution of the note, but set up as an affirmative defense that…
2Cases cited4 opinions
- St. Joseph Union Depot Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1895
- Meyer v. ChristopherSupreme Court of Missouri · 1903
- Scriba v. NeelyMissouri Court of Appeals · 1908
- Cannon-Weiner Elevator Co. v. BoswellMissouri Court of Appeals · 1906
3Cited by8 opinions
- Hardin v. RayMissouri Court of Appeals · 1966
- National Surety Corp. v. City of Excelsior Springs Ex Rel. SchwarzenbachCourt of Appeals for the Eighth Circuit · 1941
- M.F.A. Central Cooperative v. HarrillMissouri Court of Appeals · 1966
- Wilt v. HammondMissouri Court of Appeals · 1914
- Davis v. CulmerMissouri Court of Appeals · 1927
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