Union Biscuit Co. v. Springfield Grocer Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Estoppel in pais whether the estoppel arises from negligence, laches or otherwise must be pleaded in order to be available as a defense. 16 Cyc. of Law and Proc., 772; Bank v. Doran, 109 Mo. 40; Golden v. Tyler, 180 Mo. 196; Cockrill v. Hutchinson, 135 Mo. 67; Bray v. Marshall, 75 Mo. 327; Noble v. Blunt, 77 Mo. 235 ; Vanderline v. Smith, 18 Mo. App. 55; Inv. Co. v. Bank, 96 Mo.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Estoppel in pais whether the estoppel arises from negligence, laches or otherwise must be pleaded in order to be available as a defense. 16 Cyc. of Law and Proc., 772; Bank v. Doran, 109 Mo. 40; Golden v. Tyler, 180 Mo. 196; Cockrill v. Hutchinson, 135 Mo. 67; Bray v. Marshall, 75 Mo. 327; Noble v. Blunt, 77 Mo. 235 ; Vanderline v. Smith, 18 Mo. App. 55; Inv. Co. v. Bank, 96 Mo. App. 125. (2) The undisputed evidence shows conclusively that the plaintiff was not negligent nor guilty of laches or of any conduct whatever which…
1Opinion of the CourtNixon, P. J.
In this case, tbe defendant having pleaded payment of plaintiff’s account, under tbe rules of pleading, tbe burden was upon defendant to prove payment. [Yarnell v. Anderson, 14 Mo. 432; Griffith v. Creighton, 61 Mo. App. 1.]
*306The word “payment,” in its legal sense, has a well-defined meaning. In order to constitute payment, as that word is used in law, there must be (1) a delivery, (2) by the debtor or his representative, (3) to the creditor or his representative, (4) of money or something accepted by the creditor as the equivalent thereof, (5) with the intention on the part of the debtor to…
2Cases cited18 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Hatton v. HolmesCalifornia Supreme Court · 1893
- Bray v. MarshallSupreme Court of Missouri · 1882
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States Fidelity & Guaranty Co. v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1937
- Borserine v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1940
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Universal Carloading & Distributing Co. v. South Side BankMissouri Court of Appeals · 1930
8 more not listed; retrieve them via the Exa API.