Murphy v. Gay
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. I. The want or failure of consideration of a promissory note (as between the original parties thereto) can be pleaded either in whole or in part, and evidence thereof be given, in an action brought to recover the amount of said note — R. C. 1855, p. 1290, § 24. II.
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Appeal from, St. Louis Court of Common Pleas. I. The want or failure of consideration of a promissory note (as between the original parties thereto) can be pleaded either in whole or in part, and evidence thereof be given, in an action brought to recover the amount of said note — R. C. 1855, p. 1290, § 24. II. Where a suit is brought on a promissory note, given for a part pf the consideration money on the purchase of goods, represented at the time of sale to be good and merchantable, by the payee (the seller) against the maker, (the purchaser,) the latter will not be precluded from having and…
1Opinion of the CourtHolmes, Judge
At the time when the. plaintiffs’ agent received the order from the defendant for the pipe, which was the consideration of the note sued on, he represented that it was “ good pipe” and “better than that they were getting” from another manufacturer, and that it was a “ merchantable” article. When received, the pipe was placed in store until it should be sold in the regular course of business, without any close examination of its quality. To all appearances it was good pipe. Several months afterwards and after the note given for the price had been renewed with a part payment, and when the pipe…
2Cases cited5 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Wade v. ScottSupreme Court of Missouri · 1842
- Barr v. BakerSupreme Court of Missouri · 1846
- Ferguson v. HustonSupreme Court of Missouri · 1840
- Renaud v. PeckNew York Court of Common Pleas · 1858
3Cited by16 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- Compton v. ParsonsSupreme Court of Missouri · 1882
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