Koch v. Lay
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. In an action on a contract or note, if there has been an entire failure of the consideration after the giving of such note, even though originally there may have been no want of consideration, this forms a good cause of defence in an action on such notes, as between the original parties, or those claiming under them, who are subject to the same equities.
Read the full summary
Appeal from, St. Louis Court of Common Pleas. In an action on a contract or note, if there has been an entire failure of the consideration after the giving of such note, even though originally there may have been no want of consideration, this forms a good cause of defence in an action on such notes, as between the original parties, or those claiming under them, who are subject to the same equities. And even a subsequent partial failure of consideration constitutes a good defence pro tanto; provided it is of such a nature as to be capable of definite computation, and not mere unliquidated…
1Opinion of the Court
Wa&ner, Judge,
delivered the opinion of the court.
Plaintiff recovered judgment against Webster College, and summoned defendant as garnishee. The defendant, in his answers to the interrogatories propounded to him touching his indebtedness, denied that he owed Webster College at the time of the service of the garnishment, but stated that he executed and delivered to the college, several years prior to that time, five several promissory notes, for one hundred dollars each, which notes were given in consideration of certain privileges and franchises, to be secured to him by the college, and to.be…
2Cases cited1 opinion
- Barnes v. PerineNew York Supreme Court · 1850
3Cited by12 opinions
- School District v. SheidleySupreme Court of Missouri · 1897
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
- Trustees of Christian University v. HoffmanMissouri Court of Appeals · 1902
- Workman v. CampbellSupreme Court of Missouri · 1870
- Pitt v. GentleSupreme Court of Missouri · 1871
7 more not listed; retrieve them via the Exa API.