Hill v. Wainwright
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. O. H. Hoss, Special Judge. (1) There was no evidence of a demand for a release, nor of an offer to pay the cost of same. Dunkin v. Ins. Co., 63 Mo. App. 257; Neefe v. Snyder, ,20 Pac. Co., C. & R., 6; Hall v. Hurd, 40 Kan. 374; Earned v. Donovan, 31 Abb. N. C. 308 (N. Y.); Bank v. Kurkonski, 45 Neb. 1; Clark v. Wright, 26 S. Rep. 501 (Ala.). (2) The only release which could have been demanded of defendant was a deed of release.
Read the full summary
Appeal from the Vernon Circuit Court. — Hon. O. H. Hoss, Special Judge. (1) There was no evidence of a demand for a release, nor of an offer to pay the cost of same. Dunkin v. Ins. Co., 63 Mo. App. 257; Neefe v. Snyder, ,20 Pac. Co., C. & R., 6; Hall v. Hurd, 40 Kan. 374; Earned v. Donovan, 31 Abb. N. C. 308 (N. Y.); Bank v. Kurkonski, 45 Neb. 1; Clark v. Wright, 26 S. Rep. 501 (Ala.). (2) The only release which could have been demanded of defendant was a deed of release. None such was written out or sent for execution and what would have been in Connecticut a reasonable charge for…
1Opinion of the CourtGiee, J.
Plaintiff sued the defendant to recover the penalty and damages provided for in sections 7094 and 7095 because of the alleged failure of defendant on request to sat*462isfy the record of a deed of trust after payment or tender of the debt thereby secured. At the trial below plaintiff had a verdict and judgment for seventy-five dollars and defendant appealed.
I. The first matter of dispute relates to the record. Plaintiff has objected to defendant’s abstract — complaining that she has incorporated matter which does not belong to it. Erom an inspection of the original bill of exceptions, which we…
2Cases cited3 opinions
- Dodson v. ClarkMissouri Court of Appeals · 1892
- Dodson v. ClarkMissouri Court of Appeals · 1889
- Dunkin v. Mutual Benefit Life InsuranceMissouri Court of Appeals · 1895
3Cited by1 opinion
- Wing v. Union Central Life InsuranceMissouri Court of Appeals · 1914