Cantrell v. Davidson
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. A. A. Whits ett, Judge. (1) Payment of a debt once made, and by whomsoever made, discharges the debt except there be some legal fact which authorizes the party making the payment to do so on behalf of the obligor. II Daniel Netotiable Instruments, Sec. 1222; Wolff v. Walter, 56 Mo. 292; Vansandt v. Hobbs, supra; Bunn v. Lindsay, 90 Mo. 252; Crane ,v. Neal, 103 Mo. App. 122; Bell Telephone Co. v. Hannil, 153 Mo.
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Appeal from Cass Circuit Court. — Hon. A. A. Whits ett, Judge. (1) Payment of a debt once made, and by whomsoever made, discharges the debt except there be some legal fact which authorizes the party making the payment to do so on behalf of the obligor. II Daniel Netotiable Instruments, Sec. 1222; Wolff v. Walter, 56 Mo. 292; Vansandt v. Hobbs, supra; Bunn v. Lindsay, 90 Mo. 252; Crane ,v. Neal, 103 Mo. App. 122; Bell Telephone Co. v. Hannil, 153 Mo. App. 405. (2) The court erred in giving instruction No. I, on behalf of plaintiff, in submitting to the jury the question as to whether or not…
1Opinion of the CourtTrimble, J.
This suit is on a promissory note for $1316.18 payable to Adrain State Bank, and bearing the names of Harry Davidson and Mary E. Davidson as payors. The latter is the wife of the former, and, originally, the suit was against both; but the wife filed a plea of non est factum, whereupon suit was dismissed as to her.
The petition alleged the execution of the note; that payments had been made thereon aggregating $489.32; that it had been assigned, transferred and delivered to plaintiff; and that he is the owner of the same.
Defendant, Harry Davidson’s answer admitted that he executed the note; that…
2Cases cited10 opinions
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Vansandt v. HobbsMissouri Court of Appeals · 1900
- Allen v. DermottSupreme Court of Missouri · 1883
- Prather v. HairgroveSupreme Court of Missouri · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Andrew v. Estate of JohnsonSupreme Court of Iowa · 1930
- Bank of Kirksville v. SloopMissouri Court of Appeals · 1917
- Citizens Bank & Trust Co. v. CookLouisiana Court of Appeal · 1928
- State v. MillerSupreme Court of Missouri · 1933
7 more not listed; retrieve them via the Exa API.