Malkmus v. St. Louis Portland Cement Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Eon. Geo. O. EitchoocJc, Judge. (1) Where a release has been executed and the consideration therefore received, au action cannot be maintained on the cause of action released, -without returning, or offering to return, the consideration received.
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Appeal from St. Louis Circuit Court. — Eon. Geo. O. EitchoocJc, Judge. (1) Where a release has been executed and the consideration therefore received, au action cannot be maintained on the cause of action released, -without returning, or offering to return, the consideration received. The law of Missouri is settled that the. consideration must- be returned, or an offer of return made within a reasonable time after discovery of fraud by plaintiff and before institution of a suit. Althoff v. Transit Company, 204- Mo. 166. (2) The case was tried on the theory that defendant was negligent in…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff: on account of personal injuries suffered by him through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
Defendant oAvns and operates a mill engaged in the manufacture of cement and plaintiff was a laborer in its employ at the time of receiving his injuries. As parcel of the cement plant, defendant maintains one large room about seventy feet Avide and one hundred and twenty feet long in which large belts, drums and fly wheels are constantly operating. As a result of the process of manufacturing cement, a fine dust…
2Cases cited22 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Southern Union Life Ins. Co. v. WhiteCourt of Appeals of Texas · 1916
- Wolf v. St. Louis Public Service CompanyMissouri Court of Appeals · 1962
- State Ex Rel. Order of United Commercial Travelers of America v. ShainSupreme Court of Missouri · 1936
- Watson v. BuggSupreme Court of Missouri · 1955
- Smallwood v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1924
7 more not listed; retrieve them via the Exa API.