Richards v. Harrison
Missouri Court of Appeals
Appeal from the Marion Circuit Court. — Hon. Reuben P. Roy, Judge. Judge Bigg-s concurring, Judge Bland not sitting. In a case wherein the present litigants were parties, this court has finally adjudged the acts of A. W. Lee herein as wrongful and fraudulent. Dodd v. Lee, 57 Mo. App. 167. The adjudication of the vital issues of the former ease is a former adjudication binding in this proceeding the interests of A. W. Lee herein.
Read the full summary
Appeal from the Marion Circuit Court. — Hon. Reuben P. Roy, Judge. Judge Bigg-s concurring, Judge Bland not sitting. In a case wherein the present litigants were parties, this court has finally adjudged the acts of A. W. Lee herein as wrongful and fraudulent. Dodd v. Lee, 57 Mo. App. 167. The adjudication of the vital issues of the former ease is a former adjudication binding in this proceeding the interests of A. W. Lee herein. State, etc., v. Bartle, 114Mo. 276, 281; Nave v. Adams, 107 Id. 420; and the fact that the former suit was a proceeding in equity while the latter is an action at law…
1Opinion of the CourtBond, J.
In March, 1876, N. E. Eisher made a deed of trust to secure, two notes of $1,000 each, payable to A. W. Lee. In April, 1886, Lee borrowed $1,500 from J. W. Dodd, giving his note for that sum, and assigning the two notes of Eisher as collateral security. None of these notes were paid at maturity. Dodd caused a foreclosure of the deed of trust executed by Eisher on the twenty-eighth of November, 1887, and bid in the property at $1,275. Dodd then agreed that Lee might find a purchaser for the land and have .the benefit of any excess-over the amount due him (Dodd). In pursuance of this contract,…
2Cases cited11 opinions
- Cottrill v. KrumSupreme Court of Missouri · 1890
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Wannell v. KemSupreme Court of Missouri · 1874
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Bailey v. SmockSupreme Court of Missouri · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Alexander v. WadeMissouri Court of Appeals · 1904