Legal Opinion

Moore v. Thompson

Missouri Court of Appeals

Decided March 18, 1902PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. — Son. Walter B. Douglas, Judge (1) Rights, arising out of contract, coupled with liabilities, are not assignable; nor are contracts assignable that involve tbe relation of personal confidence, such that the party whose agreement conferred those rights must have intended them to be exercised only by him in whom he actually confided.

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Appeal from St. Louis City Circuit Court. — Son. Walter B. Douglas, Judge (1) Rights, arising out of contract, coupled with liabilities, are not assignable; nor are contracts assignable that involve tbe relation of personal confidence, such that the party whose agreement conferred those rights must have intended them to be exercised only by him in whom he actually confided. Arkansas Yalley Smelting Co. v. Bel den Mining Coi, 127 U. S. 379; Bothick’s Admr. v. Purdy, 3 Mo. 82; Prather v. McEvoy, 8 Mo. 661; Boykins v. Campbell, 9 Mo. App. 495; Redheffer v. Leathe, 15 Mo. App. 12; Butts v.…

1Opinion of the CourtBland, P. J.

— A commercial firm in the city of St. Louis, known as Ryan & Cannon and composed of M. I. Ryan, J. M. Cannon and George Murphy, on July 26, 1898, made the following contract with the plaintiff:

“We, the undersigned, Ryan & Cannon, agree to rent to W. T. Moore for shoe department space in 510-12 Washington avenue, for a .period of ten years, beginning January 1, 1898.
“The space to be 58 feet 5 inches in length by 8 feet 9 inches in width.
“Shelving to run along west wall 58 feet 9 inches to west windows.
“Rent to be twenty-four hundred dollars per year, or forty-six dollars and sixteen cents per…

2Cases cited8 opinions

  1. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  2. Mastin v. GrimesSupreme Court of Missouri · 1885
  3. Lansden v. McCarthySupreme Court of Missouri · 1869
  4. Kalichoff v. NelsonSupreme Court of Minnesota · 1895
  5. D. C. Hardy Implement Co. v. South Bend Iron WorksSupreme Court of Missouri · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. William Berland Realty Co. v. Hahne & Co.New Jersey Superior Court Appellate Division · 1953
  2. Kansas City Area Transportation Authority v. AshleyMissouri Court of Appeals · 1972
  3. Gerould Co. v. Arnold Constable & Co.Court of Appeals for the First Circuit · 1933
  4. Armstrong v. HenleyMissouri Court of Appeals · 1914
  5. Baker v. HerrlingerOhio Court of Appeals · 1922

3 more not listed; retrieve them via the Exa API.

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