Shannon v. Austin
Supreme Court of Missouri
Error to DeKalb Circuit Court. — Hon. Joseph P. Grubb, Judge. Suit commenced March 19th, 1875, on a promissory note dated June 15th, 1860, and payable one day after date. In 1871 and 1872, plaintiff employed defendant to break land and build a fence for him, for which plaintiff was to allow defendant a credit of $32. Plaintiff' claimed that this credit was to be given, and was given on the note in suit.
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Error to DeKalb Circuit Court. — Hon. Joseph P. Grubb, Judge. Suit commenced March 19th, 1875, on a promissory note dated June 15th, 1860, and payable one day after date. In 1871 and 1872, plaintiff employed defendant to break land and build a fence for him, for which plaintiff was to allow defendant a credit of $32. Plaintiff' claimed that this credit was to be given, and was given on the note in suit. Defendant claimed that it was to be given on an account held against him by plaintiff in the capacity of guardian.
1Opinion of the CourtNapton, J.
— The only question we are called on to decide in this case is the propriety of the action of the court in refusing the first instruction asked by the defendant •That instruction was, that “if the court finds from the evidence that ten years or more had elapsed since the maturity of the note sued on, before the alleged payment of *486interest thereon was made, then that such payment had not the effect to revive the cause of action thereon as against defendant, and the finding will be for defendant.” This instruction assumes that the payment was made on the note recited in the petition, and that…
2Cases cited4 opinions
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848
- Borden v. PeaySupreme Court of Arkansas · 1859
- Inhabitants of Bridgeton v. JonesSupreme Court of Missouri · 1864
3Cited by17 opinions
- Welborn v. Southern Equipment CompanySupreme Court of Missouri · 1965
- Engmann v. Estate of ImmelWisconsin Supreme Court · 1884
- Beck v. HaasSupreme Court of Missouri · 1892
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- Berryman v. BeckerMissouri Court of Appeals · 1913
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