Ferguson v. Davidson
Supreme Court of Missouri
Appeal from Butter Circuit Court. — TIon. John G. Wear, Judge. (1) By tbe assignments tbe plaintiffs acquired title to tbe debts assigned, subject to any defense tbe debtor might have against tbe assignor “at the time of bis being notified of the assignment.” If prior thereto, the debtor had paid the assignor, it was an affirmative matter of defense. R. S. 1889, secs. 2390 and 8161; Rice v. McEarland, 34 Mo. App. 404; Bartlett v. Eddy, 49 Mo.
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Appeal from Butter Circuit Court. — TIon. John G. Wear, Judge. (1) By tbe assignments tbe plaintiffs acquired title to tbe debts assigned, subject to any defense tbe debtor might have against tbe assignor “at the time of bis being notified of the assignment.” If prior thereto, the debtor had paid the assignor, it was an affirmative matter of defense. R. S. 1889, secs. 2390 and 8161; Rice v. McEarland, 34 Mo. App. 404; Bartlett v. Eddy, 49 Mo. App. 32; Murdock v. Einney, 21 Mo. 139; Ins. Co. v. Cohen, 9 Mo. 442. (2) If there was any substantial evidence tending to establish the allegations of…
1Opinion of the CourtValliant, J.
— This suit was begun by plaintiffs against Isaac M. Davidson, deceased, in his lifetime, and he *666having died while it was pending, it was revived and prosecuted against his personal representatives, Mary J. Davidson, executrix, and Ira M. Davidson, executor, of his last will.
The amended petition on which the case was tried is in two counts. The first stated in substance that Isaac M. Davidson on December 12, 1893, was indebted to one T. N. Caldwell in the sum of $1,000, for work and labor done by him under contract with Davidson for grading and building a retaining wall on Pine street in the…
2Cases cited1 opinion
- State ex rel. Steel v. PhillipsSupreme Court of Missouri · 1897
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