Redman v. Hampton
Missouri Court of Appeals
Error to the Ralls County Circuit Court, Theo. Brace, Judge. The defence of the statute of limitations may be taken advantage of either by demurrer or plea. Savage v. Allen, 34 Mo. 224; Boyce v. Ohristy, 47 Mo. 70; Wynn v. Cory, 48 Mo. 346; Rogers v. Brown, 61 Mo. 187. The promise to give a credit on the note was void, not being in writing. Rev. Stat, sects. 3230,3248; Chambers n. Rubey, 47 Mo. 100. There was no accord and satisfaction.
Read the full summary
Error to the Ralls County Circuit Court, Theo. Brace, Judge. The defence of the statute of limitations may be taken advantage of either by demurrer or plea. Savage v. Allen, 34 Mo. 224; Boyce v. Ohristy, 47 Mo. 70; Wynn v. Cory, 48 Mo. 346; Rogers v. Brown, 61 Mo. 187. The promise to give a credit on the note was void, not being in writing. Rev. Stat, sects. 3230,3248; Chambers n. Rubey, 47 Mo. 100. There was no accord and satisfaction. Goff •». Mulholland, 28 Mo. 397. A part failure of consideration is not in the nature of a counter-claim, or set-off. Carpenter ». Meyers, 32 Mo. 213 ; Voss…
1Opinion of the CourtLewis, P. J.
The petition shows that, on January 1, 1875, the plaintiff bargained and sold to the defendant certain lands, for which the defendant paid him nine hundred dollars in cash, arid gave his three promissory notes, each for six hundred and forty dollars, at two, three, and four years, with interest at ten per cent, per annum, to be compounded annually. Credits are indorsed on the first note for payments made in the years 1878, 1879, 1881, and 1882, amounting in all to $640.88. Judgment is prayed for the amount remaining due on the notes, with a vendor’s lien upon the lands. The defendant’s answer…
2Cases cited6 opinions
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Kellogg v. HickokNew York Supreme Court · 1828
- Van Benschooten v. LawsonNew York Court of Chancery · 1822
- Childers v. Deane & PagenCourt of Appeals of Virginia · 1826
- Toll v. HillerNew York Court of Chancery · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nika Corp. v. City of Kansas City, Mo.District Court, W.D. Missouri · 1984
- Commonwealth v. MiddletonCourt of Appeals of Kentucky · 1924