Francis v. Francis
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) There being no dispute between the parties as to the amount then due by respondent, it therefore follows that there being no consideration, the payment of the smaller amount would not extinguish the amount unpaid.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) There being no dispute between the parties as to the amount then due by respondent, it therefore follows that there being no consideration, the payment of the smaller amount would not extinguish the amount unpaid. The rule of law in this State is: “That an agreement between a debtor and a creditor whereby the latter agrees to discharge the former on the payment of a less sum than the debt is void for lack of consideration, and that the payment of the less sum operates only as a discharge pro tanto.” Handson v..…
1Opinion of the Court
Reynolds, P, J.
(after stating the facts). — Learned counsel for appellant assign four grounds for reversal of the judgment herein:
First, lack of consideration for the agreement between the parties; that an agreement between a debtor and a creditor, whereby the latter agrees to discharge the former on the payment of a less sum than the debt, is void for lack of consideration, and that the payment of the less sum operates only as a discharge pro tanto.
*719Second: That an acceptance of a tender of part of a liquidated indebtedness, qualified by the debtor by condition that the acceptance shall be in…
2Cases cited13 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Lynde v. LyndeSupreme Court of the United States · 1901
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Dorrance v. DorranceSupreme Court of Missouri · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Nelson v. NelsonSupreme Court of Missouri · 1920
- Ruge v. RugeWashington Supreme Court · 1917
- Creditors Adjustment Co. v. NewmanCalifornia Supreme Court · 1921
- Brinn v. BrinnSupreme Court of Virginia · 1927
- Hauck v. HauckMissouri Court of Appeals · 1918
8 more not listed; retrieve them via the Exa API.