Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 92

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ... fee, with a proper defense, ought not and could not be collected. At the trial, defendant undertook to prove that he had settled the note in 1890 with Mr. Summers, an attorney who held the note for collection for_ plaintitf's intestate. In mak, ing this proof defendant introduced Mr. Summers as a wit ness. Thecourt permitted him to testify over plaintitl's objection that he received the note from Dickey in his lifetime; that he notified defendant of his having it for collection and that defendant then came to see him. The witness then testified as follows: "Mr. Trusdell told me that he had an agreement with Mr. Dickey, settling with him--a controversy had arisen with He had a deed of recent date signed by Mr. Dickey I think a few days before Bay v. Trusdell. he came up to me dated about the time that I had received this note for collection, and he stated that there had been a deed executed about the date of this note and the description and some other matters were defective and that he and Mr. Dickey had to have numerous communications and had finally came to the conclusion and agreement at that time and Mr. Dickey was down here and I had seen him, wherever he was, to_furnish him a correct deed for the land on the payment of $70 in full of the note. He told me that Mr. Dickey had agreed to send him this deed that he had just recently received at that time, and had agreed in settlement of the note and all interest and take the note subject to the payment of $70 for the note in full. That he had objected to paying the note and the accumulated interest from the date of the note, to that time, on the ground that he said he had stood ready and ' willing long prior to that to have paid _the note if the proper deed had more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236867041
  • 9781236867049