Given v. Corse
Missouri Court of Appeals
Appeal from Maries Circuit Court, Hon. A. J Seay, Judge. Statement of case by the court. This suit was brought before a justice of the peace upon an ordinary account.
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Appeal from Maries Circuit Court, Hon. A. J Seay, Judge. Statement of case by the court. This suit was brought before a justice of the peace upon an ordinary account. The defendant filed the following set-off: “Now comes the defendant and for offset and counter-claim to plaintiff’s demand, states: that on the sixteenth day of April, 1873, one E. Keogle recovered against the plaintiff a judgment in the circuit court of Maries county for $39.90, and that said judgment was assigned for value to this defendant, A. Corse, on said sixteenth day of April, 1879, and that' on the twenty-sixth day of…
1Opinion of the Court
I
Hall, J.
The plaintiff urges that the agreemen set up in the set-off is a nudum pactum, being without consideration. And the question thus presented as to whether or not there was any consideration upon *136which to base that agreement is the principal question in this case.
It is laid down by Parsons that “in general, a waiver of any legal right at the request of another party, is a sufficient’ consideration for a promise.” 1 Parsons on Contracts (7 ed) 473 (new paging).
In Waterman v. Barrett (4 Harr. (Del.) 311,) it is said that “any benefit to the defendant or detriment to the plaintiff, is a…
2Cases cited1 opinion
- Stillwell v. AaronSupreme Court of Missouri · 1879
3Cited by8 opinions
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- Southern Commercial Savings Bank v. Slattery's AdministratorSupreme Court of Missouri · 1902
- German v. GilbertMissouri Court of Appeals · 1900
- Duvall v. DuncanSupreme Court of Missouri · 1937
- Scriba v. NeelyMissouri Court of Appeals · 1908
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