Laberge v. Chauvin

• Decision Date: 30 September 1829
• Citation: 2 Mo. 179
• Parties: LABERGE v. CHAUVIN.
• Court: Missouri Supreme Court

2 Mo. 179

LABERGE

v.CHAUVIN.

Supreme Court of Missouri.

September Term, 1829.

APPEAL FROM ST. LOUIS CIRCUIT COURT.

WASII, J.

This is an appeal by Laberge from a decree in chancery of the St. Louis Circuit Court. The complainant's bill is founded on a bill dated May 13, 1824, executed by one Joseph Gravline and wife, of the one part, and the defendant Laberge, of the other part. By this deed Gravline conveyed to Laberge a tract of land in St. Louis county, for the sum of $300, to be paid in the following installments: one hundred dollars in two months from the date of the deed, and the remaining $200 in eight installments of $25 each, payable every three months, beginning from the day of the payment of the first $100. The deed contains a clause mortgaging the land to secure the payment of the purchase money. On the 8th of June, 1824, Gravline made the following assignment of the debt due or to become due to him from Laberge. “Personally appeared before me, a justice of the peace of the county of St. Louis, Joseph Gravline, who acknowledged to have this day assigned to Lafreinoir Chauvin, a sum of three hundred dollars due to him from Jos. Laborge, being the consideration money for the purchase of a tract of land of said Jos. Gravline and wife, transferred to said Jos. Laberge by deed bearing date the 13th day of May, 1824. This assignment being for value received, and subject to conditions, as to the terms of payment, as stipulated in the said deed of sale. Dated this 8th day of June, 1824.

JOSEPH his X mark GRAVLINE, [L. S.]

Signed and acknowledged before me, the day and year aforesaid:

J. V. GARNIER, J. P.

Of which assignment Laberge, the defendant, had notice immediately after it was executed.

The bill charges, that at the time of the assignment and notice, Laberge had not paid more than the first $100. The answer avers the payment of $160 75, and in this, is responsive to the interrogatories of the bill. The decree sets out, that the defendant had failed to prove, by competent evidence, the payment of more than $100, &c. Some short time after Laberge had notice of the assignment by Gravline to Chauvin, he, Laberge, procured Gravline to enter an acknowledgment of satisfaction on the margin of the record of the mortgage, and soon thereafter sold the land. Laberge insists in his answer, that he had a right to pay Gravline; that he did pay him the whole amount of the consideration money before the said acknowledgment of satisfaction by Gravline. The court decreed against Laberge for the consideration money and interest, after deducting the $100 admitted by the bill to have been paid by Laberge to Gravline, before the assignment.

I shall...