Robinson v. Seay
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Hon. R. A. Bruer, Judge. (1) An action for contribution between coobligors is an action at law and not a suit in equity. Jeffries v. Ferguson, 87 Mo. 244; Hanna v. Hyatt, 67 Mo. App, 308; Van Pelten v. Richardson, 68 Mo. 379. (2) Tbe judgment rendered against defendants in tbe action of Heckman v. Robinson and Lambeth, to which action A. J. Seay was not a party, is in no way binding on said Seay. Rieschick v. Klingelhoefer, 91 Mo.
Read the full summary
Appeal from Franklin Circuit Court. — Hon. R. A. Bruer, Judge. (1) An action for contribution between coobligors is an action at law and not a suit in equity. Jeffries v. Ferguson, 87 Mo. 244; Hanna v. Hyatt, 67 Mo. App, 308; Van Pelten v. Richardson, 68 Mo. 379. (2) Tbe judgment rendered against defendants in tbe action of Heckman v. Robinson and Lambeth, to which action A. J. Seay was not a party, is in no way binding on said Seay. Rieschick v. Klingelhoefer, 91 Mo. App. 130; Loyd v Tracy, 53 Mo. App. 175; Ford v. O ’Donnell, 10 Mo. A,pp. 51.(3) In the case of Heck-man v. Robinson and…
1Opinion of the CourtReynolds, P. J.
The amended or substituted petition upon which this case was tried alleges that plaintiff, one S. M. Lambeth, and the defendant here, A. J. Seay, on the 22d of November, 1890, were equal partners in a large tract of land in Osage county, Missouri, acquired by them by purchase from one D. A. Waters, administrator of one C. W. Pryor, deceased, each of these parties contributing in equal parts to the *717purchase thereof; that the purchase was made for the purpose of sale of the land to others for an anticipated profit, and that to facilitate such sales as were hoped to be made, title to the land…
2Cases cited5 opinions
- East St. Louis Ice & Cold Storage Co. v. Herman H.Supreme Court of Missouri · 1911
- Short v. TaylorSupreme Court of Missouri · 1897
- Casler v. ChaseSupreme Court of Missouri · 1901
- E. E. Souther Iron Co. v. Woodruff Realty Co.Missouri Court of Appeals · 1913
- Cathcart v. FoulkeSupreme Court of Missouri · 1850
3Cited by5 opinions
- Dillard v. McKnightCalifornia Supreme Court · 1949
- Botz v. HelveringCourt of Appeals for the Eighth Circuit · 1943
- Darling v. BuddySupreme Court of Missouri · 1927
- Krofcheck v. Ensign Co.California Court of Appeal · 1980
- Cole v. Riss & Co.District Court, W.D. Missouri · 1954