Hanson v. Yeary
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. Don. O. Vernon, Special Judge. (1) The original notes given to the bank, five in number, amounted to $535 principal at eight per cent interest. The evidence conclusively proves that defendant gave the note in compromise, settlement of these old notes, which was a good consideration. It was the duty of the trial court to give peremptory instructions to the jury to find the issues for plaintiff.
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Appeal from Laclede Circuit Court. — Hon. Don. O. Vernon, Special Judge. (1) The original notes given to the bank, five in number, amounted to $535 principal at eight per cent interest. The evidence conclusively proves that defendant gave the note in compromise, settlement of these old notes, which was a good consideration. It was the duty of the trial court to give peremptory instructions to the jury to find the issues for plaintiff. (2) The surrender of one note is good consideration for the making of another. Dorris v. Cronan, 149-Mo. App. 177; Electric Co. v. Ten Brock, 97 Mo. App. 173.…
1Opinion of the CourtCox, J.
Action upon promissory note. Trial by jury, verdict for defendant and plaintiff has appealed.
The petition alleges that plaintiff was engaged in mercantile business at Conway, Missouri, under the name and style of Conway Hardware & Lumber Co. That the note sued upon was executed by defendant to the Conway Hardware & Lumber Co. for the sum of $150 and that defendant had made several payments thereon and asked judgment for the balance due.
The answer admits the execution of the note, then pleads want of consideration and that it was executed under duress, also alleges that plaintiff was not the…
2Cases cited2 opinions
- Osborne v. FridrichMissouri Court of Appeals · 1908
- School District v. MatherlyCourt of Appeals of Kansas · 1901