Sumner v. Summers
Supreme Court of Missouri
Error to Montgomery Circuit Court. I. The note was for the exact amount of the defendant’s indebtedness to the plaintiff at the time it was given. The plaintiff could secure this indebtedness without compounding a felony — and it is not compounding a felony to dismiss a prosecution, unless paid or agreed .to be paid therefor. II. In the authorities cited by defendants, a careful examination of them will show that they are not in point, nor in. anywise analogous to this.
Read the full summary
Error to Montgomery Circuit Court. I. The note was for the exact amount of the defendant’s indebtedness to the plaintiff at the time it was given. The plaintiff could secure this indebtedness without compounding a felony — and it is not compounding a felony to dismiss a prosecution, unless paid or agreed .to be paid therefor. II. In the authorities cited by defendants, a careful examination of them will show that they are not in point, nor in. anywise analogous to this. In the 'case referred to in 44 Mo., 29, it will be seen, that a bond was given, in the body of which is expressed the fact…
1Opinion of the CourtSherwood, Judge
Action on a sealed note, or writing obligatory, for the sum of $790.30, dated September 9th, 1870, due in twelve months. *342and with two credits of that date indorsed thereon, one for $37.15 and the other for $75.00.
The petition mentions these credits, and states, that the defendants were entitled to them on the day the note was given.
The defendants filed separate answers. The father, O. L. Summers, admitted that he executed the note-as the security of his co-defendant and son, George "W. Summers, but denied that he owed the plaintiff the amount then due thereon, $678 .15, or any other sum, and,…
2Cases cited1 opinion
- Cheltenham Fire-Brick Co. v. CookSupreme Court of Missouri · 1869
3Cited by24 opinions
- Edwards County v. JenningsTexas Supreme Court · 1896
- Sprague v. RooneySupreme Court of Missouri · 1891
- Coleman v. Crescent Insulated Wire & Cable Co.Supreme Court of Missouri · 1943
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- McCoy v. GreenSupreme Court of Missouri · 1884
19 more not listed; retrieve them via the Exa API.