Appleton v. Kennon
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. Action on a note commenced before a justice. Tbe defence relied upon was, that tbe plaintiffs had accepted tbe notes of W. D. Skillman in payment of the note sued upon. Tbe facts and tbe instructions are set out in tbe opinion of Judge Ryland. After a judgment for tbe defendant, tbe plaintiffs appealed.
Read the full summary
Appeal from St. Louis Law Commissioner’s Court. Action on a note commenced before a justice. Tbe defence relied upon was, that tbe plaintiffs had accepted tbe notes of W. D. Skillman in payment of the note sued upon. Tbe facts and tbe instructions are set out in tbe opinion of Judge Ryland. After a judgment for tbe defendant, tbe plaintiffs appealed. The instruction given by tbe court left out of view tbe real question in tbe case, which was, whether Skillman’s note was accepted by tbe plaintiffs in full satisfaction and payment of tbe note sued upon. Tbe instructions, taken together, fairly…
1Opinion of the Court
Ryland, Judge,
delivered tbe opinion of tbe court.
Tbe main question in tbe case involves tbe propriety of tbe instructions given by tbe court to the jury.
There was no dispute about the note, nor tbe partnership of the plaintiffs. Tbe defendant took upon himself to avoid tbe note by showing that it bad been paid or settled. To do this, be introduced W. D. Skillman, who testified that, by an agreement with the defendant, of which the plaintiffs were informed, be *638assumed defendant’s liabilities to plaintiffs and others, including the note sued on here.
Plaintiffs agreed to receive defendant’s…
2Cases cited2 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- New-York State Bank v. FletcherNew York Supreme Court · 1830
3Cited by30 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Block v. DormanSupreme Court of Missouri · 1872
- Hansen v. DuvallSupreme Court of Missouri · 1933
- Groomer v. McMillanMissouri Court of Appeals · 1910
25 more not listed; retrieve them via the Exa API.