Wood v. Flanery
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Before respondent could recover herein she must have shown that a debt existed between decedent, Martha Elanery, and said respondent. A debt is a sum of money due by certain and express contract. 8 Am. and Eng. Ency. of Law (2 Ed.), p. 986. (2) It is claimed .that the note was given in payment of a debt. To constitute payment of a debt by note or check, there must be a positive agreement to that effect.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Before respondent could recover herein she must have shown that a debt existed between decedent, Martha Elanery, and said respondent. A debt is a sum of money due by certain and express contract. 8 Am. and Eng. Ency. of Law (2 Ed.), p. 986. (2) It is claimed .that the note was given in payment of a debt. To constitute payment of a debt by note or check, there must be a positive agreement to that effect. Montgomery Co. v. Auehley, 103 Mo. 492, 502. There must have been a special agreement for the note to have extinguished the…
1Opinion of the Court
BROADDUS, J.-
This case originated in the probate court, was appealed to the circuit court and brought here on appeal by the defendant. The plaintiff is a daughter of the deceased, Martha Elanery, who filed in the probate court for allowance against her mother’s estate a note purporting to have been made by the deceased for $1,250, payable to the plaintiff, dated May 5, 1898, and due one year after date.
It appears from the evidence of Dr. Cundiff, who was a physician and surgeon living in Pleasant Hill, Missouri, and who had known the deceased Martha Elanery since 1864, that in May, 1898, said…
2Cases cited2 opinions
- Kincheloe v. Gorman's AdministratorsSupreme Court of Missouri · 1860
- Fath v. Meyers' AdministratorSupreme Court of Missouri · 1858
3Cited by8 opinions
- Heuer v. John R. Thompson Co.Missouri Court of Appeals · 1952
- Jenkins v. MorrowMissouri Court of Appeals · 1908
- Scott v. CriderMissouri Court of Appeals · 1925
- Wagoner Undertaking Co. v. JonesMissouri Court of Appeals · 1908
- Lipperd v. Estate of LipperdMissouri Court of Appeals · 1914
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