Legal Opinion

Baker v. Hunt

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 1 opinion

Appeal from Cooper Circuit Court. — IIon. E. L. Edwards, Judge. (1) The payment of a less amount than the sum really due is no discharge of the debt. -Nor will such payment of a part of the real debt constitute a sufficient consideration for a promise to cancel or discharge the remainder. Riley r. Kershaw, 52 Mo. 224; Price v: Cannon, 3 Mo. 318; 2 Dan. on Neg. Inst.

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Appeal from Cooper Circuit Court. — IIon. E. L. Edwards, Judge. (1) The payment of a less amount than the sum really due is no discharge of the debt. -Nor will such payment of a part of the real debt constitute a sufficient consideration for a promise to cancel or discharge the remainder. Riley r. Kershaw, 52 Mo. 224; Price v: Cannon, 3 Mo. 318; 2 Dan. on Neg. Inst. (2 Ed.) p, 284, sec. 1289'; Otto v. Klauber, 23 Wis. 471. “ An express agreement, even to accept a smaller sum for a greater, legally due, will not, without more, bar a recovery for the balance.” Myers v. Byington, 34 Iowa, 205 ;…

1Opinion of the CourtSherwood, J.

Action on two promissory notes. Defence to the action based on two similar papers signed by the intestate in the following form:

“ Pisg-ai-i, Mo., December 8, 1877.
“In consideration of the one dollar to me in hand paid by William B. Hunt, the receipt of which is hereby acknowledged, I the undersigned hereby agree to re*409lease William B. Hunt from any further liability incurred. by him on account of said William B. Hunt having signed a promissory note conjointly with Jonathan Hunt, David A. Jones and Daniel Hunt for the sum of seven hundred dollars. Said note was dated October 30, 1867, payable…

2Cases cited2 opinions

  1. Willis v. GammillSupreme Court of Missouri · 1878
  2. McAllister v. DenninSupreme Court of Missouri · 1858

3Cited by1 opinion

  1. Monett State Bank v. RathersSupreme Court of Missouri · 1927

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