McAllister v. Dennin
Supreme Court of Missouri
Error to St. Louis Comb of Common Pleas. Roger C. McAllister and Thomas O’Elaherty, partners, obtained a judgment against John Lowrie, Patrick Dennin, and David E. Rees, for the sum of $2100.94. On the 23d of December, 1856, McAllister, acting for himself and as the administrator of his deceased partner O’Flaherty, executed in favor-of John Lowrie the following instrument: “Received, St. Louis, December 23, 1856, from John Lowrie, five hundred dollars, which is in full of…
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Error to St. Louis Comb of Common Pleas. Roger C. McAllister and Thomas O’Elaherty, partners, obtained a judgment against John Lowrie, Patrick Dennin, and David E. Rees, for the sum of $2100.94. On the 23d of December, 1856, McAllister, acting for himself and as the administrator of his deceased partner O’Flaherty, executed in favor-of John Lowrie the following instrument: “Received, St. Louis, December 23, 1856, from John Lowrie, five hundred dollars, which is in full of all demands now existing against him and in our favor, and especially in full satisfaction of, and we do hereby fully and…
1Opinion of the CourtRichardson, Judge
The receipt on which the motion was grounded shows that only five hundred dollars, less than one-third of the amount of the judgment, has been paid, and that the defendants did not intend to release the residue of the judgment. The question then is, whether this instrument of writing without a seal operates as an extinguishment of the whole judgment, against the manifest intention of the parties to it and in the face of the fact that only a portion of the debt has been paid, and that too by neither of the plaintiffs.
It is an undoubted rule of law that a release to one of several obligors…
2Cases cited3 opinions
- Jackson v. StackhouseNew York Supreme Court · 1823
- De Zeng v. BaileyNew York Supreme Court · 1832
- Seely v. SpencerSupreme Court of Vermont · 1830
3Cited by2 opinions
- Prior v. KisoSupreme Court of Missouri · 1883
- Baker v. HuntSupreme Court of Missouri · 1885