Edgell v. Tucker
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The third instruction declared that a novation to be good against attaching creditors must be complete, absolute, unconditional, and mutually binding upon all the parties. The idea that a novation cannot be conditional is erroneous. The doctrine of novation was obtained from the civil law.
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Appeal from St. Louis Circuit Court. The third instruction declared that a novation to be good against attaching creditors must be complete, absolute, unconditional, and mutually binding upon all the parties. The idea that a novation cannot be conditional is erroneous. The doctrine of novation was obtained from the civil law. Under the civil law, an engagement could be annulled or diminished by the substitution of a second engagement in its place; this constituted a novation — a substitution of a new for an old debt. The old was extinguished for the new debt. This could be accomplished in two…
1Opinion of the CourtWagner, Judge
Stephen M. Edgell sued the firm of Smith & Bullens by attachment, and Buckland was summoned as garnishee. In his answer.to interrogatories filed, Buckland admitted that he had in his hands the sum of $2,102.21^ which he owed Smith & Bullens for the purchase of wheat, on the day of the service of the garnishment, but stated that before he received notice of the garnishment the debt was assigned and transferred to Chas. L. Tucker, and that therefore he owed Smith & Bullens nothing. The facts shown upon the trial are, briefly, as follows:
On the 13th day of December, 1864, Buckland and Smith, of…
2Cases cited2 opinions
- Clark v. MauranNew York Court of Chancery · 1831
- Kimball v. DonaldSupreme Court of Missouri · 1855
3Cited by8 opinions
- State Ex Rel. Hoyt v. ShainSupreme Court of Missouri · 1936
- Brown v. CroyMissouri Court of Appeals · 1898
- Ellis v. LammeSupreme Court of Missouri · 1868
- Kingsland & Ferguson Manufacturing Co. v. ChrismanMissouri Court of Appeals · 1887
- Lee v. PorterMissouri Court of Appeals · 1885
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