Bond v. Worley
Supreme Court of Missouri
Error to Jackson Circuit Court. This was an action on several promissory notes. The defendants in their answer admitted the execution of the notes, but set forth at great length the circumstances under which they were executed, alleging that there was granted a privilege of renewing at the maturity, &c. All of this answer, except the admission of the execution of the notes, was stricken out on motion of the plaintiff.
Read the full summary
Error to Jackson Circuit Court. This was an action on several promissory notes. The defendants in their answer admitted the execution of the notes, but set forth at great length the circumstances under which they were executed, alleging that there was granted a privilege of renewing at the maturity, &c. All of this answer, except the admission of the execution of the notes, was stricken out on motion of the plaintiff. I. The answer shows an entire want of consideration as to the eight hundred dollars of the debt demanded. The debt was not due at the commencement of this suit. (R. C. 1855, p.…
1Opinion of the CourtNapton, Judge
The answer in this case sets up as a defence to the notes sued on that the obligor Worley was to have the privilege of renewing them at the end of the year, when they became due. This is no defence to the action, as the agreement to renew - did not amount to a defeasance or release and can only be available as the basis of a separate suit. (Bucher v. Payne, 7 Mo. 462; Atwood v. Lewis, 6 Mo. 392.)
The plea does not amount to a plea of usury, and we presume was not so designed. The defendant avers his readiness to renew and pay the entire face of the notes (including the twenty per cent,…
2Cases cited2 opinions
- Atwood v. LewisSupreme Court of Missouri · 1840
- Bircher v. PayneSupreme Court of Missouri · 1842
3Cited by14 opinions
- State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
- State Ex Rel. Page v. TerteSupreme Court of Missouri · 1930
- State Ex Rel. Missouri Pacific Railroad v. HallSupreme Court of Missouri · 1930
- Ragan v. McCoySupreme Court of Missouri · 1860
- State ex rel. Watkins v. Donnell Manufacturing Co.Missouri Court of Appeals · 1908
9 more not listed; retrieve them via the Exa API.