Roby v. Smith
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Guy D. Kirby, Judge. . . .(1) By notifying Joe Roby that he would not accept payment of the note unless Roby would first agree to let the note be marked paid, Smith waived the necessity of and actual tender of the money due on the . note. 38 Cyc. 134,144; Stephens v. Kilpatrick, 166 Mo. 262; Westlake v. St. Louis, 77 Mo. 47; Johnson v. Gñarlichs, 63 Mo.
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Appeal from Greene Circuit Court. — Hon. Guy D. Kirby, Judge. . . .(1) By notifying Joe Roby that he would not accept payment of the note unless Roby would first agree to let the note be marked paid, Smith waived the necessity of and actual tender of the money due on the . note. 38 Cyc. 134,144; Stephens v. Kilpatrick, 166 Mo. 262; Westlake v. St. Louis, 77 Mo. 47; Johnson v. Gñarlichs, 63 Mo. App. 578; Walsh v. St. Louis Exposition Assn., 101 Mo. 534. (2) After notifying Joe Roby that' he would not accept payment of the note unless Roby would first make an agreement with him, Jack Smith had…
1Opinion of the CourtBrown, J.
Action to' redeem real estate from sale under a deed of trust. From a judgment for defendants, the plaintiffs prosecute their appeal to this court. This suit was instituted in the circuit court of Lawrence county and transferred, by change of venue, to the circuit court of Greene county.
Almeda Weaver of Aurora, Missouri, owned a borne in said city, upon which she placed a deed of trust for $100' on September 26, 1907, to secure a loan of that amount from C. W. Froley. ’ M. T. Davis was made trustee in this deed of trust.
*195Mrs. Weaver died October 20, 1907, leaving five-children, all adults,…
2Cases cited4 opinions
- Landrum v. Union BankSupreme Court of Missouri · 1876
- Rutter v. CarothersSupreme Court of Missouri · 1909
- Ready v. SmithSupreme Court of Missouri · 1902
- Baker v. CunninghamSupreme Court of Missouri · 1901
3Cited by6 opinions
- State Ex Inf. Attorney-General v. School Dist.Supreme Court of Missouri · 1926
- Judah v. PittsSupreme Court of Missouri · 1933
- Hoffman v. BighamSupreme Court of Missouri · 1930
- Trotter v. CarterSupreme Court of Missouri · 1944
- Universal C. I. T. Credit Corp. v. ByersMissouri Court of Appeals · 1957
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