Walker v. Charlot
Missouri Court of Appeals
Appeal from St Louis County Circuit Court. — Hon. G. A. Wurdemcm, Judge. The action of the plaintiff in beginning and prosecuting the suit against the Ozark Cooperage & Lumber Company, as the grantee of his alleged judgment debtor, in which he sought to follow the assets, amounted to an election between inconsistent remedies. Stokes v. Burns, 132 Mo. 226; Welsh v. Carder, 95 Mo. App. 45. This election was one which he could not subsequently withdraw or avoid.
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Appeal from St Louis County Circuit Court. — Hon. G. A. Wurdemcm, Judge. The action of the plaintiff in beginning and prosecuting the suit against the Ozark Cooperage & Lumber Company, as the grantee of his alleged judgment debtor, in which he sought to follow the assets, amounted to an election between inconsistent remedies. Stokes v. Burns, 132 Mo. 226; Welsh v. Carder, 95 Mo. App. 45. This election was one which he could not subsequently withdraw or avoid. Bigelow, Estoppel (5 Ed.), 673. And it was an absolute bar against the maintenance of this case. Nanson v. Jacoby, 93 Mo. 331; Boogher…
1Opinion of the CourtAllen, J.
This action was originally instituted against the appellant, F. S. Chariot, and O. J. Hill, W. B. Hill, B. F. Hobart and George W. Decker. The appellant alone was served with process, however.
The amended petition, upon which the cause was tried, alleges that on or about April 22, 1902, the defendants executed and acknowledged articles of association of the Ozark Cooperage Company, a corporation, termed “Company No. 1,” and caused said company to be organized under the laws of this State; that the corporation, with capita] stock of $100,000, purporting to be fully paid, proceeded to do…
2Cases cited8 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Lilly v. MenkeSupreme Court of Missouri · 1898
- Boogher v. FrazierSupreme Court of Missouri · 1889
- Hargadine-McKittrick Dry Goods Co. v. WardenSupreme Court of Missouri · 1899
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3Cited by2 opinions
- Kemp v. WoodsSupreme Court of Missouri · 1952
- Doebbeling v. QuimbyMissouri Court of Appeals · 1927