Briscoe v. Kinealy
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. “A compromise of a disputed liability is binding though it turns out that the party was not liable.” — Cools v. Wright, 1 Best & S. 559 ; Mullanphy v. Reilly, 8 Mo. 675; s. c. 10 Mo. 489 ; Reilly v. Crouquette, 18 Mo. 226; McKinney v. Watkins, 13 111. 140 ; Faust v. Firmer, 30 Mo. 418 ; Marks v. Bank, 8 Mo. 319. A note bearing interest from date bears the same rate after maturity. — Wag.
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Appeal from the St. Louis Circuit Court. “A compromise of a disputed liability is binding though it turns out that the party was not liable.” — Cools v. Wright, 1 Best & S. 559 ; Mullanphy v. Reilly, 8 Mo. 675; s. c. 10 Mo. 489 ; Reilly v. Crouquette, 18 Mo. 226; McKinney v. Watkins, 13 111. 140 ; Faust v. Firmer, 30 Mo. 418 ; Marks v. Bank, 8 Mo. 319. A note bearing interest from date bears the same rate after maturity. — Wag. Stats. 783, sects. 2, 3; Cromwell v. County, 96 U. S. 51; Finley v. Acock, 9 Mo. 841; Payne v. Clarke, 23 Mo. 259 ; Cordell v. Bank, 64 Mo. 600. Reference. — Dooley v.…
1Opinion of the CourtLewis, P. J.
This is a suit on a promissory note for $511.54. The defendant admits the execution of the instrument, but pleads a total want of consideration. The case was heard bj a referee, who found that, as to the sum of $353.85, part *78of the note, there was no consideration, and the defendant was not liable thereon. As to the residue, $157.69, the referee’s finding was against the defendant. The note was dated February 1, 1868, payable twelve months after date, and expressed to bear “interest from date, at the rate of ten per cent per annum.” The referee found that plaintiff was entitled to interest on…
2Cases cited12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Brewster v. WakefieldSupreme Court of the United States · 1860
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Ludwick v. HuntzingerSupreme Court of Pennsylvania · 1842
- Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
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3Cited by3 opinions
- Osborne v. FridrichMissouri Court of Appeals · 1908
- Ajax Rubber Co. v. WhiteMissouri Court of Appeals · 1924
- Sash v. M'MahonMissouri Court of Appeals · 1899