Thompson v. Kellogg
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was a suit to recover a sum of money alleged to have been paid and delivered to defendant, Kellogg, by one G. De Baun, jr., in satisfaction of a bill of exchange presented by said Kellogg, as notary, to the said De Baun, as the acceptor thereof, for payment. Plaintiff, Thompson, drew his bill of exchange on George De Baun, jr., who accepted the same.
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Appeal from St. Louis Court of Common Pleas. This was a suit to recover a sum of money alleged to have been paid and delivered to defendant, Kellogg, by one G. De Baun, jr., in satisfaction of a bill of exchange presented by said Kellogg, as notary, to the said De Baun, as the acceptor thereof, for payment. Plaintiff, Thompson, drew his bill of exchange on George De Baun, jr., who accepted the same. Said bill was placed in the hands of defendant, a notary public, to be presented by him for payment at maturity. It was presented at its maturity by the defendant to George De Baun, jr., the…
1Opinion of the CourtLeonard, Judge
This case turned upon the fact of payment, which the jury passed upon under instructions of the court, the propriety of which is the matter submitted to our judgment. Whether the defendant made himself liable to the party interested, by declining to receive the money when it was offered to him, is *285another question which is not involved here, and is not at all touched by the judgment now given.
Payment, in its largest sense, is the actual accomplishment of the thing that the party obliges himself to give, or to do, whatever that may be, although, in our acceptation, it is ordinarily confined to…
2Cited by7 opinions
- Stream v. CBK Agronomics, Inc.New York Supreme Court · 1974
- Parnell v. ShermanMissouri Court of Appeals · 1995
- Leonard v. RothMichigan Supreme Court · 1911
- Oil Well Supply Co. v. WolfeSupreme Court of Missouri · 1895
- Edgerton v. WestSupreme Court of Florida · 1901
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