Legal Opinion

Rice Bros. v. Davis, McDonald & Davis

Missouri Court of Appeals

Decided May 11, 1903PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. (1) It is competent for the parties at any time to totally disregard the original contract and substitute another in its place. Henning v. U. S. I. & S. Co., 47 Mo. 425; Vastine v. Wayman, 5 Mo. App. 598; Jacobs v. Maloney, 64 Mo. App. 270; 21 Am. and Eng. Ency. of Law (2 Ed.), 663. Tbe result of such novation is tbe extinguishment of tbe original obligation and all its incidents. 21 Am. and Eng.

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Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. (1) It is competent for the parties at any time to totally disregard the original contract and substitute another in its place. Henning v. U. S. I. & S. Co., 47 Mo. 425; Vastine v. Wayman, 5 Mo. App. 598; Jacobs v. Maloney, 64 Mo. App. 270; 21 Am. and Eng. Ency. of Law (2 Ed.), 663. Tbe result of such novation is tbe extinguishment of tbe original obligation and all its incidents. 21 Am. and Eng. Ency. of Law, 674-5. (2) Tbe purport of tbe instrument is to be gathered from tbe general tenor of it, and not from any particular…

1Opinion of the CourtEllison, J.

This is an action for the conversion of a lot of cattle. The judgment in the trial court was for plaintiffs. The statement of facts out of which the controversy arises is somewhat complicated; and while it was, perhaps, well enough that the parties should have set forth the details of the case with the particularity they have, it is believed the following will be a sufficient statement for a full understanding of the ground of our decision.

One J. W. Mosely gave a note payable to plaintiffs, or order, dated September 5, 1899, for $33,285.50 with seven per cent interest. He likewise executed a…

2Cases cited3 opinions

  1. McDaniels v. ColvinSupreme Court of Vermont · 1844
  2. Smith-Wallace Shoe Co. v. WilsonMissouri Court of Appeals · 1895
  3. Holmes v. Strayhorn-Hutton-Evans Commission Co.Missouri Court of Appeals · 1899

3Cited by2 opinions

  1. In Re SchindlerDistrict Court, E.D. Missouri · 1963
  2. Coleman Nat. Bank v. CatheyCourt of Appeals of Texas · 1916

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