Lumaghi v. Abt
Missouri Court of Appeals
Appeal from St Louis City Circuit Court —Eon. Walter B. Douglas, Judge. (1) The note in suit is a negotiable promissory note, payable during banking hours, at a bank in East St. Louis, Illinois, on December 17, 1902, unconditionally, for value received.
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Appeal from St Louis City Circuit Court —Eon. Walter B. Douglas, Judge. (1) The note in suit is a negotiable promissory note, payable during banking hours, at a bank in East St. Louis, Illinois, on December 17, 1902, unconditionally, for value received. The “value received” was an option agreement under wbicb* Lumaghi bound, himself to acquire title to the land described in the agreement for three months, subject to Abt’s election to accept title, and convey the land after such election and acceptance. This restraint and obligation placed upon Lumaghi was a good and sufficient consideration…
1Opinion of the CourtGoode, J.
(after stating the facts)'. — r(l) The payment of the judgment was not voluntary, but coerced by the posture of Richardson’s affairs. There is nothing to show it was done pursuant to an agreement substituting a new liability for the judgment. Nor was it a compromise, for respondent made no concession, *228but was paid all he claimed. The entry of satisfaction on the record was no more than the law required of him in any event (R. S. 1899, secs. 3730 et seq.) and constituted no consideration for a release of errors. [Beardsley v. Smith, 139 Ill. 290, 295.] And the judgment was in no degree in…
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- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
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3Cited by15 opinions
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