Yore v. Yore
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. G. H. Williams, Judge. (1) The matters and things set up in plaintiffs’ petition are not res adjudícala. McMahan v. Geiger, 73 Mo. 145; Comstock v. Keating, 115 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. G. H. Williams, Judge. (1) The matters and things set up in plaintiffs’ petition are not res adjudícala. McMahan v. Geiger, 73 Mo. 145; Comstock v. Keating, 115 Mo. App. 378;. State Bank v. Bartel, 114 Mo. 276 ; Koekch v. Mixer, 52 O. St. 207. (2) In an action by one obligor on a bond or other obligation against his co-obligor for contribution, parol evidence is admissible to show for what proportion of the liability each one is bound. Mechanics Bank v. Wright, 53 Mo. 153; 9 Cyc. 904; 7 Am. & Eng. Ency. Law, 339; Mansfield v. Edwards, 136 Mass.…
1Opinion of the CourtGraves, P. J.
Action for contribution. Amount involved “the sum of $6112.29% with interest from May 27, 1902.” This suit was instituted in the circuit court of the city of St. Louis May 17, 1907, and upon trial in December, 1908, judgment was entered for defendant, from which plaintiffs have appealed.
For brevity of statement matters of pleading and evidence had best be commingled. From ,it all we gather these facts:
July 14, 1889, Patrick Tore departed this life in the city of St. Louis, leaving surviving him five children, viz.: James LI. Yore, Margaret Yore McCord, August P. Yore, Charles J. Yore and…
2Cited by16 opinions
- State Ex Rel. McCubbin v. McMillianMissouri Court of Appeals · 1961
- Commercial Union Insurance Co. of New York v. Farmers Mutual Fire Insurance Co. of St. Louis CountyMissouri Court of Appeals · 1970
- First National Bank & Trust Co. v. BowmanSupreme Court of Missouri · 1929
- Midwest Mutual Insurance Co. v. Aetna Casualty & Surety Co.Missouri Court of Appeals · 1978
- Peters v. McDonoughSupreme Court of Missouri · 1931
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