Alliance Trust Co. v. Stewart
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henby, Judge. (1) No damages should have been assessed. 10 American & English Encyclopedia of Law, 814; Foster v. Bank, 58 Vt. 658; TJhrig v. St. Louis, 47 Mo. 528. (2) The debt due Sheidley was improperly allowed as damages. First. Neither the statute (Revised Statutes; 1889, sec. 5498) nor the injunction bond contemplated security for the debt.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. John W. Henby, Judge. (1) No damages should have been assessed. 10 American & English Encyclopedia of Law, 814; Foster v. Bank, 58 Vt. 658; TJhrig v. St. Louis, 47 Mo. 528. (2) The debt due Sheidley was improperly allowed as damages. First. Neither the statute (Revised Statutes; 1889, sec. 5498) nor the injunction bond contemplated security for the debt. High on Injunctions [3 Ed.] secs. 1668, 1674; Moore v. Hallum, lLea, 511; Staples v. Handley, 12 S.W. Rep. (Tenn.) 339; Menken v. Frank, 57Miss. 732; Portsmouth, etc., Co. v. Byington, 12 Ohio, 114;…
1Opinion of the CourtMaceablajte, J.
This appeal is from a judgment of the circuit court of Jackson county for damages assessed upon an injunction bond after the dissolution of a temporary injunction.
The petition charges that plaintiff is a corporation, and the owner of a certain lot therein described, subject to a deed of trust dated December 22, 1888, exe- - cuted by one R. M. Stewart and wife, then the owners -of the lot, to defendant A. J. Stewart as trustee; that said deed of trust purports upon its face to have been given to secure a promissory note of the same date for $10,000, payable six months after date to defendant…
2Cases cited4 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Douglass v. StephensSupreme Court of Missouri · 1853
- Holloway v. HollowaySupreme Court of Missouri · 1890
- Kennedy's Administratrix v. HammondSupreme Court of Missouri · 1852
3Cited by6 opinions
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Leete v. State BankSupreme Court of Missouri · 1897
- Joplin Gas Co. v. City of JoplinMissouri Court of Appeals · 1914
- Virginia Beach Development Co. v. CommonwealthSupreme Court of Virginia · 1913
- Grover v. KirkMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.