Wilkerson v. Bruce
Missouri Court of Appeals
Appeal from the Pemiscot County Circuit. Court.— ■ Hon. H. C. O’Bryan, Judge.' (1) Defendant’s plea of “ satisfaction and payment” was intended doubtless to be a plea of accord and satisfaction, but does not amount to such inasmuch as it fails to allege plaintiffs agreed to accept the assignment' of the policy in satisfaction of their claim. 2 Parsons Cont. [ 6 Ed. ] 681; Shaw v. Burton, 5 Mo. 478. Or, if it is to be taken as a plea of payment, it is insufficient in not…
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Appeal from the Pemiscot County Circuit. Court.— ■ Hon. H. C. O’Bryan, Judge.' (1) Defendant’s plea of “ satisfaction and payment” was intended doubtless to be a plea of accord and satisfaction, but does not amount to such inasmuch as it fails to allege plaintiffs agreed to accept the assignment' of the policy in satisfaction of their claim. 2 Parsons Cont. [ 6 Ed. ] 681; Shaw v. Burton, 5 Mo. 478. Or, if it is to be taken as a plea of payment, it is insufficient in not alleging that the assignment was received by plaintiffs in payment of their claim. German v. Mulhall, 8 Mo. App. 558. Hence,…
1Opinion of the CourtThompson, J.
This is an action to recover a balance alleged to be due on a merchant’s account. The answer is a general denial, and also a plea of payment, in the following language:
“ For further answer defendant says that in 1884 he assigned to this plaintiff and three other creditors a policy of insurance in full satisfaction and payment of this demand against him. Wherefore he again prays for judgment.” There was a reply, denying the new matter in the answer. There was a trial before a jury, and the defendant had a verdict and judgment. The plaintiffs, appealing, assign for error:
*159I. That the averment in…
2Cases cited1 opinion
- Shaw v. BurtonSupreme Court of Missouri · 1838
3Cited by3 opinions
- Freiermuth v. McKeeMissouri Court of Appeals · 1900
- Oil Well Supply Co. v. WolfeSupreme Court of Missouri · 1895
- Dawson v. QuillenMissouri Court of Appeals · 1895