Phœnix Mutual Life Insurance v. Landis
Missouri Court of Appeals
Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The consideration for the note failed, and although only a quitclaim deed was given this does not debar appellant from his claim of failure of consideration. (2) In equity and good conscience, the respondent ought not to maintain this action against appellant.
Read the full summary
Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The consideration for the note failed, and although only a quitclaim deed was given this does not debar appellant from his claim of failure of consideration. (2) In equity and good conscience, the respondent ought not to maintain this action against appellant. It had a valid judgment against the principal maker of the note, and permitted the estate to be finally settled, and the assets distributed to the heirs, and thereby deprived appellant of presenting the same and collecting from the principal maker of the note.…
1Opinion of the CourtEllison, J.
— This suit is here on defendant’s appeal, and is based on a promissory note executed by defendant as surety for Waldo P. Johnson. The note was given for the purchase money of certain real estate sold and conveyed to Johnson by quitclaim deed. Johnson’s grantor had no title, and no interest in the land passed by the quitclaim deed. Defendant contends that there was no consideration for the note. The contention is not sound. The grantee in a quitclaim deed takes only what the grantor can convey (Mann v. Best, 62 Mo. 491), whether that be something or nothing. He buys whatever right or title…
2Cases cited11 opinions
- Rice v. MortonSupreme Court of Missouri · 1854
- Mann v. BestSupreme Court of Missouri · 1876
- Glazier v. DouglassSupreme Court of Connecticut · 1865
- Ferguson v. TurnerSupreme Court of Missouri · 1842
- Priest v. WatsonSupreme Court of Missouri · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Akers v. Ray County Savings BankMissouri Court of Appeals · 1895
- Elliott v. QuallsMissouri Court of Appeals · 1910
- Saussenthaler v. Federal Union Surety Co.Missouri Court of Appeals · 1917
- Rigler v. McClureMissouri Court of Appeals · 1915
- Citizens' Bank v. BoozeMissouri Court of Appeals · 1898