Bertiaux v. Dillon
Missouri Court of Appeals
Appeal from the Phelps County Circuit Court, C. C. Bland, Judge. A note does not extinguish the original demand or cause of action, without a special agreement to that effect.
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Appeal from the Phelps County Circuit Court, C. C. Bland, Judge. A note does not extinguish the original demand or cause of action, without a special agreement to that effect. Steamboat v. Hammond, 9 Mo. 59 ; Same v. Lumm, 9 Mo. 64; Appleton v. Eennon, 19 Mo. 637; McMim'ay v. Taylor, 30 Mo. 263; Howard r>. Jones, 33 Mo. 583; Powell v. Qharless, 34 Mo. 485; Bloch v. Borman, 51 Mo. 31; Leabo v. Qoode, 67 Mo. 126; The Kimball, 3 Wall. 37-46 (70 U. S. bk 18, L. Ed. 50-54). By agreement, a promissory note, due in the future, may discharge and absolutely pay off an open account. See Steamboat v.…
1Opinion of the Court
Lewis, P.'J.,
delivered the opinion of the court.
On September 17, 1883, the plaintiff made a sale by auction of his personal property, upon a' public announcement by the auctioneer that the terms would be: For all sums under five dollars, cash must be paidand that for sums over that amount, the purchaser might *604give Ms promissory note at twelve months, with security satisfactory to the seller. The defendant bought a lot of sheep at fifty dollars and a cider press at ten dollars, and gave his note, satisfactorily secured, for sixty dollars, whereupon the articles were duly delivered to him and…
2Cases cited6 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- McMurray v. TaylorSupreme Court of Missouri · 1860
- Appleton v. KennonSupreme Court of Missouri · 1854
- Block v. DormanSupreme Court of Missouri · 1872
- Howard v. JonesSupreme Court of Missouri · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- Mullin v. MartinMissouri Court of Appeals · 1886
- Scheer v. BrooksSupreme Court of Missouri · 1933