Webb v. Stevens

• Decision Date: 31 March 1851
• Citation: 14 Mo. 480
• Parties: WEBB & HEPP v. STEVENS & SMITH.
• Court: Missouri Supreme Court

14 Mo. 480

WEBB & HEPP

v.STEVENS & SMITH.

Supreme Court of Missouri.

March Term, 1851.

APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS.

TODD & KRUM, for Appellees. Jugment was given for the right party. The court did not err in refusing to grant the motion for a new trial.

RYLAND, J.

The appellees, Stephens & Smith, sued appellants in the St. Louis Court of Common Pleas, under the new statute concerning Practice in Courts of Justice, upon a note for three hundred and sixty-eight dollars and twenty-seven cents, due in six months from date, and dated August 17th, 1848. The plaintiffs below in their petition state that the defendants on the 16th day of February, 1849, paid one hundred and eighty-four dollars and twenty-seven cents on this note, and that the remainder of said note and interest are due to the plaintiff. The appellants, defendants below, appeared and filed their answer, which the plaintiffs moved to strike out, because it is no defense to the action; the court granted defendants leave to file an amended answer, which they did, in which they state that on the 16th of February, 1848, at the city of New York, they gave plaintiffs a draft on John A. Underwood, signed by them, and accepted by Underwood for the sum of seven hundred and fifty dollars at six months from date. They also further state that on the 17th of August following they gave to plaintiffs, their four several promissory notes, as follows, to-wit: the first at sixty days from date for $133 33; second, at seventy-five days from date for $133 33; third at ninety days from date for $133 33; fourth, at six months from date for $368 27; making in all the sum of seven hundred and sixty-eight dollars and twenty-seven cents. These four promissory notes, they state, were given by them in payment of the above mentioned draft. They further state, that it was agreed between them that the draft should be held by plaintiffs as collateral security for the payment of the notes, and that upon the payment of the notes the draft was to be given up to defendants. The answer states that the first three notes were paid, and that half of the fourth note has also been paid, leaving a balance due as the answer expressly admits of $184 14 to the plaintiffs, which they state they are ready to pay whenever the plaintiff shall return to them the draft for $750. A trial of the cause was had at the February term, 1850, when the defendants failing to appear, the cause was submitted to the court, which found a verdict...