Smith's Administrators v. Thomas
Supreme Court of Missouri
Error to Jackson Circuit Court. This was a suit upon the following due bill or promissory-note : “ February 8,1855. Due Jabez Smith three hundred dollars, borrowed money. [Signed] Charles N. Thomas.”
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Error to Jackson Circuit Court. This was a suit upon the following due bill or promissory-note : “ February 8,1855. Due Jabez Smith three hundred dollars, borrowed money. [Signed] Charles N. Thomas.” The defendant set up in his answer that the consideration of said note was the sum of three hundred dollars, borrowed of said Smith for the use of one Todd; that at the date of said note both Smith and Thomas had liens upon some slaves belonging to Todd to secure debts due them respectively; that there was also at that time a judgment and execution lien upon said slaves that was prior to the…
1Opinion of the CourtEwing, Judge
This was an action on a due bill executed by the plaintiff in error to Jabez Smith, deceased, for three hundred dollars, borrowed money. The answer sets up a verbal agreement between the defendant and Smith at the time the due bill was given, by which it is alleged that but half of the sum called for by it was to be paid by the defendant in a certain event.
The only point in this case that need be noticed is whether the verbal agreement relied on by the defendant was admissible as a defence to the action, and we are of opinion it was not. The instrument is in form a due bill, but in legal *310effec…
2Cases cited3 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
3Cited by21 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Trustees of Christian University v. HoffmanMissouri Court of Appeals · 1902
- Massmann v. HolscherSupreme Court of Missouri · 1871
- Milan Bank v. RichmondSupreme Court of Missouri · 1911
- England v. HouserMissouri Court of Appeals · 1914
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