Stevenson v. McFarland
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. Jno. A. Tally, Judge. (1) Tbe findings of fact made by tbe court at request of McFarland are erroneous, because tbe evidence shows conclusively tbat McFarland and Vette reached a complete settlement and termination of tbe contract between them which both were ready to perform but for tbe interference of tbe Buckingham garnishment.
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Appeal from St. Louis City Circuit Court. — Ron. Jno. A. Tally, Judge. (1) Tbe findings of fact made by tbe court at request of McFarland are erroneous, because tbe evidence shows conclusively tbat McFarland and Vette reached a complete settlement and termination of tbe contract between them which both were ready to perform but for tbe interference of tbe Buckingham garnishment. This court will review all tbe evidence and will correct tbe findings of tbe trial court if found erroneous. Blout v. Spratt, 113 Mo. 49. (2) Tbe judgment denying plaintiffs tbe relief sought by them is against tbe…
1Opinion of the CourtBurgess, J.
This is an action in the nature of an equitable garnishment, by which it is sought to subject to the payment of,three judgments, obtained by plaintiffs against the defendant McFarland, aggregating $3,797.66, his interest in *163a contract between himself, Kilgen and their co-defendant Vette, entered into on the first day of October, 1895, by the terms of which Vette agreed to pay MeEarland in return for services to be rendered to him (Vette) twenty-five per cent of the profits made out of his business, which was that of loans and real estate in the city of St. Louis, during the period in which…
2Cases cited2 opinions
- Ager v. MurraySupreme Court of the United States · 1882
- Johnson v. Geneva Publishing Co.Supreme Court of Missouri · 1894
3Cited by3 opinions
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
- Tom Houlihan Men's Wear v. WilkersonMissouri Court of Appeals · 1966