Doebling v. Loos
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Before the instruction in question could be given, it must appear that the notes were taken in satisfaction of the account. (McMurray v. Taylor, 30 Mo. 263.) II. Only an express agreement and understanding between the parties will make a promissory note payment of an open account and extinguish the original debt; and the giving of a receipt in full for the original debt is not evidence of such agreement. (Colev.
Read the full summary
Appeal from St. Louis Circuit Court. I. Before the instruction in question could be given, it must appear that the notes were taken in satisfaction of the account. (McMurray v. Taylor, 30 Mo. 263.) II. Only an express agreement and understanding between the parties will make a promissory note payment of an open account and extinguish the original debt; and the giving of a receipt in full for the original debt is not evidence of such agreement. (Colev. Sackett et al., 1 Hill, 516; Muldon v. Whit-lock, 1 Cow. 290; Erisbie v. Earned, 21 Wend. 450 ; Glenn v. Smith, 2 Gill. & J. 493 ; case of…
1Opinion of the CourtCurrier, Judge
This is a proceeding to enforce a mechanics’ lien. The plaintiff executed certain work for Louis Loos, deceased, and received the latter’s four negotiable promissory notes in settlement, giving a receipt as follows: “ St. Louis, July 15, 1866. Received of Louis Loos thirteen hundred dollars, in full of all my demand to date.” One of the notes was paid, and the remaining three were offered to be surrendered at the trial; and it was shown that these had not been paid. The answer of Loos’ -adminis-tratrix alleged that the claim sued on had been paid and satisfied. In support of this issue the…
2Cases cited3 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Frisbie v. LarnedNew York Supreme Court · 1839
- McMurray v. TaylorSupreme Court of Missouri · 1860
3Cited by6 opinions
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- Merchants National Bank v. GoodWest Virginia Supreme Court · 1883
- Henry v. ConleySupreme Court of Arkansas · 1886
- Holland v. RongeySupreme Court of Missouri · 1902
- In re HurstU.S. Circuit Court for the District of Eastern Michigan · 1876
1 more not listed; retrieve them via the Exa API.