Edwards v. M'Kee

Decided October 15, 1821

Supreme Court of Missouri · decided 1821-10-15

<p>1. An aetirn at law does not lie on a lost bond or promissory note.</p> <p>2. On an agreement for the sale of goods, when the parties stipulate that the whole, or a part of the sum, may he paid in services tobe rendered — held, that, after the time of payment has elapsed, an action of debt for the money will well lie ; and such an agreement heing proved, does not defeat the action. (Note a.)</p>

Cited by 2 later decisions — most recently May 1915

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1821-10-15

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Cook, J.,

¶1dissenting.

¶2I concur in the foregoing opinion on the first count in the declaration, and, also,that the demurrer to the second was properly sustained, because the obligation declared on is not set out with sufficient certainty; no date or time of delivery of the obligation being stated. But it is my opinion, that the loss or destruction of the deed does not extinguish the legal right, of which the deed was evidence. Upon the third count, I incline to the opinion, that the demurrer was improperly sustained, as the party need-not declare on the note with a profert in Court 5 and the date thereof not being material, the stating it blank, as in this case, is cause of special demurrer only.