Menefee v. Arnold
Supreme Court of Missouri
Jippeal from Linn County Court. The receipt in this case is not a promise to pay money. In Reyburn vs. Casey, (29 Mo., 129) the court held that the fact that the receipt on its face acknowledged the receipt of the money for the plaintiff, implied a promise of payment. And in the case of Moorman vs. Sharp, (35 Mo., 283,) the writing contained a promise to account to the plaintiff for the money.
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Jippeal from Linn County Court. The receipt in this case is not a promise to pay money. In Reyburn vs. Casey, (29 Mo., 129) the court held that the fact that the receipt on its face acknowledged the receipt of the money for the plaintiff, implied a promise of payment. And in the case of Moorman vs. Sharp, (35 Mo., 283,) the writing contained a promise to account to the plaintiff for the money. It will be observed in these cases that the promise to pay is either expressly.contained in the writing, or is implied from the loriting itself; while in the case at the bar, there is no promise of…
1Opinion of the CourtWagner, Judge
The sole question in this case arises out of the statute of limitations. The action was commenced in 1871, by the plaintiff, to recover a certain amount of money, alleged to have been fraudulently obtained by the defendant. The petition stated in substance, that on the first day of June, 1860, judgment was rendered in the Circuit Court of Linn county, in favor of the Merchants’ Bank of St. Louis, and against the plaintiff as principal, and Daniel Grant, T. T. Easley and the defendant, as sureties, for $1,006.08 and costs, and that execution was issued and placed in the hands of the sheriff,…
2Cases cited2 opinions
- Reyburn v. CaseySupreme Court of Missouri · 1859
- Moorman v. SharpSupreme Court of Missouri · 1864
3Cited by11 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Parker-Washington Co. v. DennisonSupreme Court of Missouri · 1916
- Superintendent of Insurance of the State of New York v. Livestock Market Insurance Agency, Inc.Missouri Court of Appeals · 1986
- Curtis v. SextonSupreme Court of Missouri · 1907
- Howe v. MittelbergMissouri Court of Appeals · 1902
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