Wilcox v. Powers
Supreme Court of Missouri
Appeal from the Circuit Court of Pike County. First, The failure of the clock to perform is no defence at law to the note. The party would be left to his action on the warranty. One cause of action cannot be set off against another Second, In equity the failure of the warranty could only be a defence to the note in case of the insolvency of the war-rantor or under such circumstances as that an action on the warranty would be unavailing.
Read the full summary
Appeal from the Circuit Court of Pike County. First, The failure of the clock to perform is no defence at law to the note. The party would be left to his action on the warranty. One cause of action cannot be set off against another Second, In equity the failure of the warranty could only be a defence to the note in case of the insolvency of the war-rantor or under such circumstances as that an action on the warranty would be unavailing. Third, Admitting the equity jurisdiction of the county court, the defence is not made out.
1Opinion of the Court
Opinion of the court delivered by
Napton Judge,
Wilcox presented to the county court of Pike county, fox allowance against the estate of Emanuel Poor deceased, a note executed by said Poor, in his life time, to one William Alton for $38. On the back of the note was the *146endorsement: “This note is given for a clock which is warranted to be a good time piece for six months. If it should fail said Poor is to be furnished with one that will. (Signed) Alton.” The execution of the note by Poor and of the warranty by Alton were admitted. A son of the deceased proved that the clock did keep good time…
2Cases cited1 opinion
- Davis v. Cleaveland ex rel. CaseSupreme Court of Missouri · 1835
3Cited by3 opinions
- Estate of Thomson v. ThomsonSupreme Court of Missouri · 1952
- In Re Franz'EstateSupreme Court of Missouri · 1963
- Buder v. BuderSupreme Court of Missouri · 1963