O'Malley v. Musick
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The plea of res ad judicata made by defendant here is not well taken. The case of State ex rel. Marg-aret O’Malley v. John U. Musick et al. (reported in 145 Mo. App. 33, and 165 Mo. App. 214) was an action upon the official bond of defendant Musick as a notary public.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The plea of res ad judicata made by defendant here is not well taken. The case of State ex rel. Marg-aret O’Malley v. John U. Musick et al. (reported in 145 Mo. App. 33, and 165 Mo. App. 214) was an action upon the official bond of defendant Musick as a notary public. The three years ’ Statute of Limitations (See. 10,181, R. S. 1909) was pleaded, and the following conclusion was reached by this court: “Our conclusion is that this action was, under the law, clearly barred by the Statute of Limitations (Sec. 10, 181,…
1Opinion of the CourtAllen, J.
On and prior to May 12, 1900, Margaret O’Malley, a married woman, was the owner of certain real property in the city of St. Louis, and on the day mentioned she agreed with the defendant to exchange her said property for certain lands described as and purporting to lie in Montgomery county, Georgia. The defendant is a real estate agent, and it appears that the negotiations in question were begun b\r him with another real estate agent representing Mrs. O ’Malley. The defendant represented himself as the agent of one Dunford, the putative owner of the Georgia lands, which was said to consist of…
2Cases cited10 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- King v. City of St. LouisSupreme Court of Missouri · 1913
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Short v. TaylorSupreme Court of Missouri · 1897
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3Cited by1 opinion
- Moloney v. Boatmen's BankSupreme Court of Missouri · 1921