Shipp v. Stacker
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. The note on which this action was brought is a note for the payment df money, and, therefore, it can be discharged by a tender of nothing but money. — • 2 Starkie’s Ev., 1391. 2. If the pleas demurred to in this case are good, then the necessity of a statute of set-off is done away with.
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ERROR to St. Louis Court of Common Pleas. 1. The note on which this action was brought is a note for the payment df money, and, therefore, it can be discharged by a tender of nothing but money. — • 2 Starkie’s Ev., 1391. 2. If the pleas demurred to in this case are good, then the necessity of a statute of set-off is done away with. Defendant pleads a tender of a debt due by the insurance company to Woods, Christy & Co., and if this be good, all the defendant would have to do in any ease would be to execute and offer the plaintiff an order in his favor for the amount of the debt the plaintiff…
1Opinion of the CourtTompkins, Judge
Shipp & Woodbridge brought their action in the Court of Common Pleas against Woods, Stacker & Co., and judgment being there given against them, they prosecute their writ of error, to reverse that judgment.
The declaration states that Woods, Christy & Co. made their certain promissory note in writing, bearing date the 28th day of December, in the year 1841, and thereby promised to pay, four months after the ,date thereof, to the order of the Said defendants, Woods, Stacker & Co., negotiable and payable at the office of the Missouri Mutual Insurance Company of St. Louis, nine hundred and. twenty…
2Cited by3 opinions
- Lionberger v. KinealyMissouri Court of Appeals · 1882
- Raymond, Kepler & Co. v. McKinney Bros.Missouri Court of Appeals · 1894
- Smith v. Reserve Loan Life InsuranceSupreme Court of Missouri · 1916