Burris v. Bank of Buffalo
Missouri Court of Appeals
Appeal from the Dallas Circuit Cowrt. — Hon. Argus Cox, Judge. (1) “Payment specifically in law means tbe discharge of a pecuniary obligation by money or wbat is accepted as tbe equivalent to a specific sum of money.” Century Dictionary; Tolmanv. Ins. Co.,1 Cusb. (Mass.) 73; 36 N. Y. 522; 2 Benj. on Sales [4 Am. Ed.], 952; Artley v. Morrison, 73 Iowa, 132; Robinson v. Weeks, 6 How. Pr.
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Appeal from the Dallas Circuit Cowrt. — Hon. Argus Cox, Judge. (1) “Payment specifically in law means tbe discharge of a pecuniary obligation by money or wbat is accepted as tbe equivalent to a specific sum of money.” Century Dictionary; Tolmanv. Ins. Co.,1 Cusb. (Mass.) 73; 36 N. Y. 522; 2 Benj. on Sales [4 Am. Ed.], 952; Artley v. Morrison, 73 Iowa, 132; Robinson v. Weeks, 6 How. Pr. (N. Y.) 161; Williams v. Breffy, 96 U. S. 176; Williams v. Carpenter, 36 Ala. 76; s. o., 76 Am. Dec. 316. (2) Tbe defendant could not recover unless he shows a compliance with tbe terms and conditions on which…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action to recover of defendant $350 with seven per cent interest, alleged to be due on a certificate of deposit issued to plaintiff by the defendant bank. The judgment below was for defendant..
Statement. The transaction connected with the deposit of the money took place between plaintiff and T. B. Morrow, cashier of the bank. It appears that plaintiff desired to purchase a certain tract of land of which Anna McGregor was the record owner. That one David B. Martin claimed to plaintiff to be the owner under a purchase from Anna McGregor. Plaintiff being about to leave…
2Cases cited1 opinion
- Winsor v. Lafayette County BankMissouri Court of Appeals · 1885
3Cited by1 opinion
- Bank of Monett v. HowellMissouri Court of Appeals · 1899