Bank on Warren County v. Kemble
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Payment by one of several defendants extinguishes the judgment, whatever may be the intention of the parties to the transaction. It is not in their power to keep the judgment on foot for the benefit of the party paying. Hull v. Sherwood, 59 Mo. 172, and authorities cited. It was legally impossible for Harper to be the assignee of a judgment in which he was a defendant.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Payment by one of several defendants extinguishes the judgment, whatever may be the intention of the parties to the transaction. It is not in their power to keep the judgment on foot for the benefit of the party paying. Hull v. Sherwood, 59 Mo. 172, and authorities cited. It was legally impossible for Harper to be the assignee of a judgment in which he was a defendant. Hammett v. Wyman, 9 Mass. 138; Brackett v. Winslow, 9 Mass. 154; Harbeck v. Vanderbilt, 20 N. Y. 395; Hull v. Sherwood, 59 Mo. 172. It is immaterial whether…
1Opinion of the CourtBond, J.
The Bank of Warren County in July, 1891, obtained a judgment against Gr. S. Kemble and O. Í). Harper, jointly, for $875.65. On the ninth of September, 1891, this judgment was assigned for value to Emil Rosenberger, who, on the. twenty-first of March, 1894, assigned it to Charles D. Harper upon receiving the full amount thereof from him. This last assignment was made in pursuance of a decree of the circuit court of Montgomery county, rendered in the case of C. D. Harper v. Rosenberger, wherein it was adjudged that said Harper, though a joint defendant with Gh S. Kemble in said judgment, was…
2Cases cited8 opinions
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- Ferguson's Administrator v. Carson's AdministratorSupreme Court of Missouri · 1885
- Hull v. SherwoodSupreme Court of Missouri · 1875
- Harper v. RosenbergerMissouri Court of Appeals · 1894
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3Cited by9 opinions
- Cauthorn v. BerryMissouri Court of Appeals · 1897
- Schuchman v. RobertsMissouri Court of Appeals · 1939
- Reynolds v. SchadeMissouri Court of Appeals · 1908
- Berman v. HokeMissouri Court of Appeals · 1895
- Elsenrath v. KallmeyerMissouri Court of Appeals · 1895
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