Dalrymple v. Craig
Supreme Court of Missouri
Appeal from De Kalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) Tbe court erred in refusing the first declaration of law prayed for by the defendant. It is not disputed that at the time these plaintiffs received from the defendant the $1,000 in full settlement of all their indebtedness against him, the two notes in evidence were more ’than two years under due. The receipt by them of the $1,000 was a valid consideration and sufficient to support said settlement..
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Appeal from De Kalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) Tbe court erred in refusing the first declaration of law prayed for by the defendant. It is not disputed that at the time these plaintiffs received from the defendant the $1,000 in full settlement of all their indebtedness against him, the two notes in evidence were more ’than two years under due. The receipt by them of the $1,000 was a valid consideration and sufficient to support said settlement.. Henson v. Stever, 69 Mo. App. 140; Brooks v. White, 2 Met. 283; 1 Am. and Eng. Ency. of Taw, 100. (2) Assuming, but not…
1Opinion of the CourtValliant, J.
This is a suit in equity to set aside a deed releasing a deed of trust, on the ground, as alleged, that the deed of release was obtained by fraud.
The petition states, substantially, that in 1886, the plaintiffs were minors and that defendant was by the probate court of DeKalb county duly appointed and qualified as their guardian and curator; that as such curator he received large sums of money and property belonging to plaintiffs; that plaintiffs attained their majority in September, 1890, and 1891, respectively, and upon coming of age demanded of defendant the amount shown to be due them on…
2Cases cited2 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Parker v. RobertsSupreme Court of Missouri · 1893
3Cited by12 opinions
- Vilter Mfg. Co. v. RolaffCourt of Appeals for the Eighth Circuit · 1940
- Kinney v. MurraySupreme Court of Missouri · 1902
- Guinan v. DonnellSupreme Court of Missouri · 1907
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Alexander v. AlexanderSupreme Court of Missouri · 1899
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