Ely v. Sutton
Missouri Court of Appeals
Appeal from Audrain Circuit Court.—Hon. James D. Barnett, Judge. (1) The making of payment on a note under an agreement that the balance shall be extended until convenient for the debtor to pay it extends the time of such payment to a period as under the circumstances shall be reasonable. Newell v. Finch, 25 Barb 175. As between the parties an extension of time is valid if there is any consideration at all and some authorities require no consideration. Brown v. Cary, 74-App.
Read the full summary
Appeal from Audrain Circuit Court.—Hon. James D. Barnett, Judge. (1) The making of payment on a note under an agreement that the balance shall be extended until convenient for the debtor to pay it extends the time of such payment to a period as under the circumstances shall be reasonable. Newell v. Finch, 25 Barb 175. As between the parties an extension of time is valid if there is any consideration at all and some authorities require no consideration. Brown v. Cary, 74-App. Div. 466; 2 Kent Com. (2 Ed.), 466; 7 Cyc, 900,, sub.-sec. II; Byrne v. Carson, 70 App. Div. 130; Cox v. Bennett, 13 N.…
1Opinion of the CourtAllen, J.
This is an action in replevin by the mortgagee in a chattel mortgage, to recover the possession of certain personal property as for a default of the mortgagors in the payment of the debt thereby secured. The suit originated before a justice of the peace, where, upon trial before a jury, the issues were found in favor of defendants. Thereupon the plain*551tiff prosecuted an appeal to the circuit court, where the cause was tried de, novo before the court and a jury. At the close of all the evidence in the case, the court directed a verdict for the plaintiff. In accordance with the court’s…
2Cases cited15 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Mohr v. LanganSupreme Court of Missouri · 1901
- Wright v. McPikeSupreme Court of Missouri · 1879
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Herhalser v. HerhalserMissouri Court of Appeals · 1966
- Dyrssen v. Union Electric Light & Power Co.Supreme Court of Missouri · 1927
- Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
- State Ex Rel. Brown v. TrimbleSupreme Court of Missouri · 1929
- O'Shea v. LehrMissouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.