Barrett v. Kern
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The entire evidence showed that appellant had paid respondent the full amount due on the contracts sued on and there was absolutely no evidence to support the judgment in respondent’s favor. (2) The undisputed evidence shows an accord and satisfaction duly entered into and carried out by appellant and respondent by which the latter is forever estopped from recovering any sum from appellant.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The entire evidence showed that appellant had paid respondent the full amount due on the contracts sued on and there was absolutely no evidence to support the judgment in respondent’s favor. (2) The undisputed evidence shows an accord and satisfaction duly entered into and carried out by appellant and respondent by which the latter is forever estopped from recovering any sum from appellant. School Board y. Hull, 72 Mo. App. 403; Perkins v. Headley, 49 Mo. App. 556; McCormick y. St. Louis, 166 Mo. 315; Andrews y.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — ■ I. Counsel for defendant contend that there is absolutely no evidence to support the judgment in favor of plaintiff on the issue of payment. We have accordingly read all the evidence, as set out in the transcript, and are forced to the conclusion that this contention cannot he sustained.'
The burden of proving payments rest's on defendant. Griffith v. Creighton, 61 Mo. App. 1, l. c. 4, is one of the many cases so holding. He has not met it.
It was said' by counsel for plaintiff, during the course of an argument over certain testimony, that the defendant, Mr. Kern,…
2Cases cited8 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Wetmore v. CrouchSupreme Court of Missouri · 1899
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- Green v. ColeSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schoeller v. SchoellerMissouri Court of Appeals · 1971
- Goodwine v. AyresIndiana Court of Appeals · 1922
- Occidental Life Ins. v. EilerCourt of Appeals for the Eighth Circuit · 1942
- Teague v. John E. Burns Lumber Co.Appellate Court of Illinois · 1914
- Zinke v. Knights of the Maccabees of the WorldMissouri Court of Appeals · 1918
3 more not listed; retrieve them via the Exa API.