Winter ex rel. Smith v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The consideration for the release was not, on the conceded facts, open to question, in this case but was conclusively presumed, (a) This is true, first, because the release was under seal.
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Transferred from Kansas City Court of Appeals. (1) The consideration for the release was not, on the conceded facts, open to question, in this case but was conclusively presumed, (a) This is true, first, because the release was under seal. Undoubtedly the general rule is that a contract for the release of any obligation in consideration of the payment of a portion of what is owing is nudum pactum and unenforeible either at law or in equity; the obligation is unaffected by said contract except to the extent of the payment, which, instead of extinguishing it, only reduces it by the amount…
1Opinion of the Court
BTTEGESS, I.
The record in this case was transferred to the Supreme Court by the Kansas City Court of Appeals on a former occasion, but not in accordance with section 6, article 6, of the State Constitution, and was for that reason re-transferred to that court.
After the return of the record to the Court of Appeals, it was corrected by nunc pro tunc entry, and the case certified and transferred to this court upon the ground that one of the *164judges of that court deems the opinion filed therein contrary to previous decisions by the Supreme Oourt.
The opinion of the Kansas City Oourt of Appeals was…
2Cases cited17 opinions
- Kley v. . HealyNew York Court of Appeals · 1891
- Ryan v. . WardNew York Court of Appeals · 1872
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- Parker v. ParmeleNew York Supreme Court · 1822
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- Buel v. Kansas City Life Ins. Co.New Mexico Supreme Court · 1926
- Ennis v. McLagganMissouri Court of Appeals · 1980
- Sappington v. Central Mutual Insurance Ass'nMissouri Court of Appeals · 1934
- Allenbach v. RidenourNevada Supreme Court · 1929
14 more not listed; retrieve them via the Exa API.