Hunter v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel G-. Taylor, Judge. (1) The court erred in not finding that the satisfaction piece was voluntarily made and operated as a bar to plaintiff’s recovery. Court erred in not finding that the execution of the satisfaction piece and the placing of the same upon record or the delivery thereof to defendant amounted to an executed gift of plaintiff to the defendant.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel G-. Taylor, Judge. (1) The court erred in not finding that the satisfaction piece was voluntarily made and operated as a bar to plaintiff’s recovery. Court erred in not finding that the execution of the satisfaction piece and the placing of the same upon record or the delivery thereof to defendant amounted to an executed gift of plaintiff to the defendant. Leddel’s Executor v. Starr, 20 N. J. 274; Yanderbeck v. Yanderbeck, 30 N. J. 265; Gray v. Bar-tan, 55 N. Y. 68, 14 Am. Rep. 181; Ferry v. Stephens, 66 N. Y. 321; Carpenter v. Soule, 88…
1Opinion of the CourtCox, J.
Nothing was paid to plaintiff at the time he executed the satisfaction of the judgment and stipulation for reversal by the Supreme Court, and it is admitted that the satisfaction was without consideration; but it is now insisted by defendant that the satisfaction was voluntary on the part of plaintiff because of the fact that he had committed perjury in the trial which resulted in the judgment sued upon, and that when the “satisfaction piece” was attached to the margin of the judgment it had the effect of an executed gift to defendant of the debt evidenced by the judgment and could not be…
2Cases cited9 opinions
- Kinney v. MurraySupreme Court of Missouri · 1902
- Lins v. LenhardtSupreme Court of Missouri · 1895
- State v. HunterSupreme Court of Missouri · 1904
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Jones v. FallsMissouri Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re the Estate of FranzSupreme Court of Missouri · 1939
- Cremer v. MayMissouri Court of Appeals · 1928
- Guthrie v. CrewsSupreme Court of Missouri · 1921
- Croxton v. BarrowCourt of Appeals of Georgia · 1937
- Hunter v. Wabash RailroadMissouri Court of Appeals · 1911