Lippold v. Held
Supreme Court of Missouri
Error to Warren Circuit Court. I. Defendant in error, himself, at the time he returned the original note to plaintiff in error, wrote on the back of it, “this note is void,” thus showing that by the new note he intended that the $2,000 was considered paid. There could be no substitution for a paid note. I. The taking of a new note, and the surrender and giving up of the old one, did not per se operate asa discharge of the lien of the deed of trust.
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Error to Warren Circuit Court. I. Defendant in error, himself, at the time he returned the original note to plaintiff in error, wrote on the back of it, “this note is void,” thus showing that by the new note he intended that the $2,000 was considered paid. There could be no substitution for a paid note. I. The taking of a new note, and the surrender and giving up of the old one, did not per se operate asa discharge of the lien of the deed of trust. The new note did not operate as a payment and extinguishment of the original debt, unless such was the clear intention of the parties. (Thornton…
1Opinion of the CourtWagner, Judge
Erom the record it appears, that on the 7th of June, 1868, the defendant made to the plaintiff his note of that date for $2,000, payable twelve months after date, with interest at six per cent, per annum. To secure the payment of the note, defendant and his wife executed a deed of trust, by which they conveyed certain lands to Mathias Gerstef, in trust, conditioned that if the sum of money specified in the note, with interest, should be paid, when due, then the deed should be void, otherwise Gerster should proceed to sell the land, and out of the proceeds pay whatever remained due on the note.
2Cases cited2 opinions
- Thornton v. IrwinSupreme Court of Missouri · 1869
- McDonald v. HulseSupreme Court of Missouri · 1852
3Cited by9 opinions
- The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967
- Sather Banking Co. v. Arthur R. Briggs Co.California Supreme Court · 1903
- Christian v. NewberrySupreme Court of Missouri · 1875
- Wiener v. PeacockMissouri Court of Appeals · 1888
- Webb City Lumber Co. v. Victor Mining Co.Missouri Court of Appeals · 1899
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