Mullin v. Martin
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge, An agreement to compromise and adjust an undisputed indebtedness by the acceptance of unsecured notes by the debtor for a less amount than that due, is void for want of consideration. Line n.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge, An agreement to compromise and adjust an undisputed indebtedness by the acceptance of unsecured notes by the debtor for a less amount than that due, is void for want of consideration. Line n. Nelson, 33 N. J. L. 358 ; 6 Wait’s Actions and Defences, 409; BrooTc r>. Moore, 67 Barb. 394; Curran v. Hummel, 118 Mass. 482; Harriman v. Harriman, 12 Gray, 341. The acceptance of a note does not release a debt unless it is so-stipulated in the agreement. Putnam r>. Lewis, 8-Johns. 387. An arrangement between a debtor and his-creditors,…
1Opinion of the CourtLewis, P. J.
The plaintiff sued on an open account for $415.25. The cause was heard by the court, without a jury, on the following agreed statement of facts :
‘ ‘ Plaintiffs are, and at the time hereinafter mentioned, were partners in trade, doing business in Chicago, Illinois, under the firm name of Mullen Brothers & Co. That defendant was legally indebted to them in the sum of four hundred and fifteen and forty-five hundredths dollars, for goods sold and delivered to him by plaintiffs, after deducting all credits and set-offs, on February 21, 1884. That on May 2, 1885, defendant, plaintiffs, and all…
2Cases cited2 opinions
- Bertiaux v. DillonMissouri Court of Appeals · 1886
- Pupke v. ChurchillMissouri Court of Appeals · 1884
3Cited by4 opinions
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
- Helling v. United Order of HonorMissouri Court of Appeals · 1888
- Hanson v. CrawfordMissouri Court of Appeals · 1908
- In re Plaza Music Co.District Court, S.D. New York · 1934