Grumley v. Webb
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. The cause of action in this case originated prior to the date of the discharge. All the facts upon which this suit is based were well known to Grumley when he made the settlement. The receipt, when interpreted in the light of all the facts and circumstances connected with the settlement, is a full discharge of the plaintiff’s claims embraced in-this suit.
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•Appeal from St. Louis Circuit Court. The cause of action in this case originated prior to the date of the discharge. All the facts upon which this suit is based were well known to Grumley when he made the settlement. The receipt, when interpreted in the light of all the facts and circumstances connected with the settlement, is a full discharge of the plaintiff’s claims embraced in-this suit. (Altham’s case, 4_Coke, 305-6; "Vedder v. Vedder, 1 Denio, 259 ; Hoes v. Van Hosen, 1 Barb. Ch. 398 ; Van Brunt v. Van Brunt, 3 Edw. Ch., N. Y., 16 ; 1 Show. 150, 154 ; Bell v. Bruen, 1 How. 169 ;…
1Opinion of the Court
CüRRiBR, Judge,
delivered the opinion of the court.
The possession and legal title to the leasehold described in the petition is in the defendant, but the plaintiff claims to be the *569equitable owner of it, and brings this suit to recover the rents and profits and to divest the défendant of title.
As an answer to the plaintiff’s claim, the defendant avers a compromise and release of it. He sets up an accord and satisfaction in bar of the suit, alleging, in substance, that since the accrual of the cause of action sued on, the plaintiff and defendant have settled all matters in difference between…
2Cases cited2 opinions
- Grumley v. WebbSupreme Court of Missouri · 1869
- Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
3Cited by3 opinions
- Tucker v. DolanMissouri Court of Appeals · 1905
- Prendiville v. PrendivilleSupreme Court of Missouri · 1920
- Rosenberger v. JonesSupreme Court of Missouri · 1893