Brooks v. Yocum
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge.' (1) There is no evidence that the particular draft on which the judgment in suit was based arose out of commission dealings. (2) The plaintiffs’ demand is founded on a judgment. The previous obligation became merged in the judgment upon its rendition, and the judgment is within the operation of the discharge in bankruptcy, even if the earlier debt was not.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge.' (1) There is no evidence that the particular draft on which the judgment in suit was based arose out of commission dealings. (2) The plaintiffs’ demand is founded on a judgment. The previous obligation became merged in the judgment upon its rendition, and the judgment is within the operation of the discharge in bankruptcy, even if the earlier debt was not. Wolcott ». Hodge, 81 Mass. 547. ( 3) The record introduced by plaintiffs contradicts the claim that the judgment was for a debt of a fiduciary nature. (4) To…
1Opinion of the CourtRombauer, P. J.
The plaintiffs recovered a judgment for $437.59 against Nelson Yocum, which was exhibited and allowed in the probate court as a demand against his estate. Upon a retrial of the cause in the circuit court, the claim was. again allowed; and the defendant, appealing from such judgment, assigns for *518errors that there is no evidence to support the judgment, and that the court erred in giving and refusing instructions.
The defense interposed in the circuit court was the discharge in bankruptcy of the decedent, Nelson Yocum, subsequent to the recovery of the judgment, which defense was sought to be…
2Cases cited10 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Bank of North America v. CrandallSupreme Court of Missouri · 1885
- Simpson v. . SimpsonSupreme Court of North Carolina · 1879
- McGonigle v. DaughertySupreme Court of Missouri · 1879
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3Cited by4 opinions
- Goodman v. HermanSupreme Court of Missouri · 1903
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Marks v. DavisMissouri Court of Appeals · 1897
- Aultman & Taylor Co. v. GundersonSouth Dakota Supreme Court · 1894