Cochrane v. Cott
Missouri Court of Appeals
Appeal from Jackson Circuit Court—Hon. Thomas' J. Seehorn, Judge. (1) To take a case out of the Statute of Limitations, there should be either an express promise to pay or an acknowledgment of an actual subsisting debt, on which the law would imply a promise, and it will be sufficient -if the party acknowledges the indebtedness, and that it remains unpaid, without any expression of willingness to remain bound. Goyd y. Hurlburt, 41 Mo. 264; Buckner y.
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Appeal from Jackson Circuit Court—Hon. Thomas' J. Seehorn, Judge. (1) To take a case out of the Statute of Limitations, there should be either an express promise to pay or an acknowledgment of an actual subsisting debt, on which the law would imply a promise, and it will be sufficient -if the party acknowledges the indebtedness, and that it remains unpaid, without any expression of willingness to remain bound. Goyd y. Hurlburt, 41 Mo. 264; Buckner y. Johnson, 4 Mo. l'OO; Elliott y. Leake, 5 Mo: 208; Kirkbride y. Gash, 34 Mo. App. 256. (2) It is not necessary, under the statute (R. S. 1909,…
1Opinion of the CourtBroaddus, P. J.
Action for debt. The following statement made by appellants the respondent agrees to be correct. The plaintiffs were doing business as partners as a brokerage company in Kansas City, Missouri, and in 1904, the defendant, a resident of Kansas, was engaged in the business of a huckster. During May and June of 1904, the defendant purchased from the plaintifls a certain amount of merchandise and there was due from him to the plaintiffs $603.03 on July 1st of that year. The defendant endeavored to pay a portion of the indebtedness with a check of $150 drawn on a Kansas City, Kansas, bank. This…
2Cases cited6 opinions
- Chidsey v. PowellSupreme Court of Missouri · 1887
- Chambers v. RubeySupreme Court of Missouri · 1870
- Monroe v. HerringtonMissouri Court of Appeals · 1905
- Elliott v. LeakeSupreme Court of Missouri · 1838
- Wells v. HargraveSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Perkins v. SchickerMissouri Court of Appeals · 1982
- Green v. BootheMissouri Court of Appeals · 1945
- Perkins v. SchickerMissouri Court of Appeals · 1982