Selby v. McCullough
Missouri Court of Appeals
Appeal from tlie Laclede County Circuit Court, W. J. Wallace, Judge. There was' no partnership. 3 Addison on Cont. 363. It was the duty of the plaintiffs to present the check at the bank on which it was drawn, within a reasonable time after receiving it, and, in case of dishonor, to give the drawer notice within a likely reasonable time; otherwise, the delay is at his own peril. Story on Prom. Notes (5 Ed.) sect. 493, pp. 650-1-3; Salisbury v. Reñ-idle, 44 Mo. 554; SI.
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Appeal from tlie Laclede County Circuit Court, W. J. Wallace, Judge. There was' no partnership. 3 Addison on Cont. 363. It was the duty of the plaintiffs to present the check at the bank on which it was drawn, within a reasonable time after receiving it, and, in case of dishonor, to give the drawer notice within a likely reasonable time; otherwise, the delay is at his own peril. Story on Prom. Notes (5 Ed.) sect. 493, pp. 650-1-3; Salisbury v. Reñ-idle, 44 Mo. 554; SI. John v. Homan, 8 Mo. 382. The taking of a check or note for a debt, constitutes, in law, no payment, unless there is an…
1Opinion of the CourtThompson, J.
• This action was brought in the circuit court for sixty dollars, the price of thirty head of sheep alleged to have been sold and delivered by the plaintiffs, who were co-partners, to the defendants,' The defendants answered separately. The defendant,-Moss, filed an answer, the substance of which was, that1 he and the other defendant were not co-partners, and which denied that the sheep were sold and delivered to hint, jointly with the other defendants, or individually, and which denied any indebtedness oh account of the sale. The answer of the defendant, McCullough, denied that the…
2Cases cited16 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- McMurray v. TaylorSupreme Court of Missouri · 1860
- Appleton v. KennonSupreme Court of Missouri · 1854
- Jaccard v. AndersonSupreme Court of Missouri · 1865
- Dyas v. HansonMissouri Court of Appeals · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bartleman v. HumphreySupreme Court of Missouri · 1969
- Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- Lewis v. James McMahon & Co.Supreme Court of Missouri · 1925
- State ex rel. Crider v. WagersMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.