Worden v. Houston
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. JE. P. Gates, Judge.' (1) Tbe nature and requisites of accord and satisfaction are defined by Judge Síeith in Swoiford Bros. Dry Goods Company v. Goss, 65 Mo. App. 55 and cases cited: Dalrymple v. Craig, 70 Mo. App. 149; Marshall v. Larkin, 82 Mo. App-635. (2) Plaintiff failed to prove bis case. He should have introduced his note in evidence. The admissions in the answer do not relieve him.
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Appeal from Jackson Circuit Court. — lion. JE. P. Gates, Judge.' (1) Tbe nature and requisites of accord and satisfaction are defined by Judge Síeith in Swoiford Bros. Dry Goods Company v. Goss, 65 Mo. App. 55 and cases cited: Dalrymple v. Craig, 70 Mo. App. 149; Marshall v. Larkin, 82 Mo. App-635. (2) Plaintiff failed to prove bis case. He should have introduced his note in evidence. The admissions in the answer do not relieve him. Hart v. Harrison Wire Company, 91 Mo. 422; Smith v. Mohr, 64 Mo. App. 48. (3) The burden of proof remained on respondent throughout. Marshall v. McKelvy, 55 Mo.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought on a promissory note. The answer pleaded as a defense, accord and satisfaction. There was trial to the court without the intervention of a jury.
At the conclusion of all the evidence the court made a special finding of facts supplemented with its conclusions of law, as follows: “That the note sued upon was made by the defendant to E. M. Sleek, in renewal of a former note for three hundred and ninety-three dollars, and the accrued interest thereon; that the defendant claimed that the whole or part of said note was illegal and void for the reason that it was…
2Cited by2 opinions
- Priest v. OehlerSupreme Court of Missouri · 1931
- Broderick v. HartmanMissouri Court of Appeals · 1910