Henson v. Stever
Missouri Court of Appeals
Appeal from the Dallas Circuit Court. — Hon. Aegus Cox, Judge. ■ (1) Plaintiff’s instruction number-should have been given. Defendant and plaintiff had compromised judgment and defendant had received full satisfaction; and after he had ordered the sheriff to release the property and return the execution satisfied, which was done, and had received full payment, he could not then reject the terms of the compromise and plead want of consideration. Dodson v.- Clark, 49 Mo."
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Appeal from the Dallas Circuit Court. — Hon. Aegus Cox, Judge. ■ (1) Plaintiff’s instruction number-should have been given. Defendant and plaintiff had compromised judgment and defendant had received full satisfaction; and after he had ordered the sheriff to release the property and return the execution satisfied, which was done, and had received full payment, he could not then reject the terms of the compromise and plead want of consideration. Dodson v.- Clark, 49 Mo." App. 149; Bo finger v. luyes, 7 Sup. Ct. Rep. 529; s. o., 120 U. S. 198; Lawyer’s Ed., Book 30, p. 649; Wilks v. Slaughter,…
1Opinion of the CourtEllison, J.
Plaintiff gave defendant a mortgage securing a debt of $560. Plaintiff charges that he paid *138the mortgage and requested defendant to satisfy same of record, tendering him the cost of satisfaction, and that defendant refused to satisfy. He then instituted this action for the ten per cent penalty provided in such cases by sections 7094, 7095, Revised Statutes, 1889. Defendant by answer denied the allegations of the petition and further answered by setting up a claim for a balance alleged to be due on the mortgage, and ashed that the mortgage be foreclosed. The judgment was against plaintiff’s…
2Cases cited7 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- Gordon v. MooreSupreme Court of Arkansas · 1884
- Swaggard v. HancockMissouri Court of Appeals · 1887
- Price v. CannonSupreme Court of Missouri · 1834
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3Cited by5 opinions
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- Buel v. Kansas City Life Ins. Co.New Mexico Supreme Court · 1926
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1898
- Reinhold v. KerriganMissouri Court of Appeals · 1900