Lindsay v. Sonora Gold Mining & Milling Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. Eon. L. J. Eastin, Judge. (1) There is a complete failure of considération as to the instrument pleaded in the answer. Failure of consideration and partial failure of consideration are always available as a defense. R. S. 1909', sec. 1974; Tinker v. Kier, 195 Mo. 183 ; Barr v. Baker, 9 Mo. 854; Tucker v. Bartle, 85 Mo. 114; Bank v. Crandall, 87 Mo. 208; Hess v. Draffen, 90 Mo. App. 580; Brolaski v. Carr, 127 Mo.
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Appeal from Buchanan Circuit Court. Eon. L. J. Eastin, Judge. (1) There is a complete failure of considération as to the instrument pleaded in the answer. Failure of consideration and partial failure of consideration are always available as a defense. R. S. 1909', sec. 1974; Tinker v. Kier, 195 Mo. 183 ; Barr v. Baker, 9 Mo. 854; Tucker v. Bartle, 85 Mo. 114; Bank v. Crandall, 87 Mo. 208; Hess v. Draffen, 90 Mo. App. 580; Brolaski v. Carr, 127 Mo. App. 279; Kerwin v. Friedman, 127 Mo. App. 519; Beland v. Brewing Co., 157 Mo. 593; Brown v. Weldon, 27 Mo. App. 251, 99 Mo. 564; Comings v. Leedy,…
1Opinion of the CourtWoodson, J.
This action was instituted in the circuit court of Buchanan county by the plaintiff against the defendants on two promissory notes, executed by the latter to the former, for the sum of $6250 each. The petition was in conventional form, and contained two counts, one on each note.
The separate answers of the defendants were substantially the same; and I will copy that of the Sonora Gold Mining & Milling Company and others, which will sufficiently outline the defense interposed to the suit by all the defendants. -Said' answer is in words and figures as follows:
“Now comes Sonora Gold Mining and…
2Cited by1 opinion
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