Jennings v. Roberts
Missouri Court of Appeals
Appeal from Boone Circuit Court. — No». E. W. Hinton, Special Judge. (1) In the absence of a showing of other indebtedness evidence of payment of money is sufficient to show a discharge of note sued- upon. Massie v. Bowen, 29 Pa. St. 128, 72 Am. Dec. 619; Trumbo v. Fiournoy, 77 Mo.
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Appeal from Boone Circuit Court. — No». E. W. Hinton, Special Judge. (1) In the absence of a showing of other indebtedness evidence of payment of money is sufficient to show a discharge of note sued- upon. Massie v. Bowen, 29 Pa. St. 128, 72 Am. Dec. 619; Trumbo v. Fiournoy, 77 Mo. App. 324; Griswold v. Lambert, 89 Me. 534, 36 Atl. 1046. (2) The production of a paid check containing a notation that it was given as a credit on a note raises a presumption of payment which becomes conclusive in the absence of countervailing testimony. Boyd v. Daily, 85 App. Div. 581, 83 N. Y. Sup. 539; Same case…
1Opinion of the CourtEllison, J.
Plaintiffs are the heirs of W. W. Jennings, deceased, and as such are the owners of the note in suit, which was executed to Jennings by the defendant. The judgment in' the trial court was for the plaintiffs. The case was tried without a jury.
The defense is a plea of payment. There are two credits claimed by defendant which are not endorsed on the note. If they are allowed the note has been paid. If disallowed the judgment must stand. The two disputed payments are each claimed to have been made by a check on a bank at Centralia, one on October 16, 1899, for $41.60, and the other on June 26,…
2Cases cited4 opinions
- Carver v. ForryIndiana Supreme Court · 1902
- Trumbo v. FlournoyMissouri Court of Appeals · 1898
- Ritter v. SchenkIllinois Supreme Court · 1882
- Griswold v. LambertSupreme Judicial Court of Maine · 1897
3Cited by1 opinion
- Bradley v. BuffingtonMissouri Court of Appeals · 1976