E. C. Yarnell & Co. v. Anderson
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. The court erred in refusing the 1st, 2d and 4th instructions asked for by plaintiff — because The rule is very old and very firmly settled that negotiable paper is not payment of a demand, unlessit is so taken by the holder, as absolute payment; and if not, i is no payment, if it should afterwards turn out to be of no value: Toby vs. Barber, 5 John., 68; 2 Lord Raym., 929, 930; Clark vs. Mundal, 1 Sa^k., 124; 7 Tenn.
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APPEAL from St. Louis Court of Common Pleas. The court erred in refusing the 1st, 2d and 4th instructions asked for by plaintiff — because The rule is very old and very firmly settled that negotiable paper is not payment of a demand, unlessit is so taken by the holder, as absolute payment; and if not, i is no payment, if it should afterwards turn out to be of no value: Toby vs. Barber, 5 John., 68; 2 Lord Raym., 929, 930; Clark vs. Mundal, 1 Sa^k., 124; 7 Tenn. R , 66; 3 John’s cases, 72; 6 Cranch 2645 Johnson vs. Lord, 3 John’s cases, 310. Even if a receipt is given in full, in consideration…
1Opinion of the CourtBirch, J.
In this case the plaintiffs originally declared in assumpsit against Cosse and Anderson, late co-partners, but the former having pleaded his discharge under the bankrupt law, the suit was dismissed as to him and prosecuted against Anderson alone. The pleas relied upon were the general issue, payment and set off. It was proven by the only witness who was introduced that the defendant and Cosse were in partnership until the month óf May, 1841. He also proved, that as the authorized agent of the plaintiffs he had divers interviews with both the late partners, commencing about the month of…
2Cited by6 opinions
- Pflanz v. PflanzMissouri Court of Appeals · 1944
- Home Building & Loan Ass'n v. BarrettMissouri Court of Appeals · 1911
- Medberry, Yetter & Co. v. Soper, Brainard & Co.Supreme Court of Kansas · 1877
- Wear v. LeeMissouri Court of Appeals · 1887
- Ashbrook v. LetcherMissouri Court of Appeals · 1890
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