67 Mo. 730 | Mo. | 1878
— This suit was brought by plaintiff, as administrator of the estate of James Willis, deceased, on a note executed by the firm of Shook & Gammill and James Gammill, to plaintiff’s intestate, for the payment of $500, on the 15th of May, 1860, with ten per cent, interest. It is claimed in the petition that there was due and unpaid on said note the sum of $440.60, with interest from April 1st, 1866. Defendants, in their answer, admit the execution of the note, and set up, by way of defense, that in 1866 James Gammill, one of the makers of the note, paid plaintiff the sum of $450 and O. N. Gammill, another of the ihakers, promised to pay plaintiff the additional sum of $50, which said sum of $450 and the agreement of said Gammill to pay the further sum of $50. were accepted by plaintiff in full satisfaction and discharge of said note, and that in consideration of such payment and agreement the
Affirmed.