McCoy v. Green

Citations

• 83 Mo. 626

Syllabus

<p>1. Contract, when Void. A contract made upon the consideration that an impending and threatened prosecution for a felony will be abandoned is void.</p> <p>2. -: principal and agent. Where a party through a third person, procures another to sign a contract upon consideration that the first will abandon a threatened prosecution for a felony, the acts of such third person are the acts of the'first, and the contract is void.</p> <p>3. Promisory Note : stipulation to pay attorney’s pee : consideration. A note which contains a stipulation that the makers shall pay attorney’s fees and all costs of collection is not a negotiable promissory nóte, and the assignee of such note holds it subject to inquiry into the validity of the consideration of the note and mortgage by which it is secured.</p> <p>4 Judgment Against One of Several Defendants. Judgment may be given for or against one of several defendants, and in a suit upon a note void as to one maker but valid as to the other, judgment should be for him as to whom it is void and against him as to whom it is valid.</p>