Carter v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — No». Ohesley A. M osman, Judge. (1) If Mrs. Landers accepted the promise of defendant to pay her $1,100 in settlement of her case, that constituted an accord and satisfaction of her claim, without the performance of the promise. Railway v. Harriet, 15 S. W. 556; 2 Chitty, Cont. (11 Am. Ed.), 1124; Bennett v. Hill, 14 R. I. 322; Smith v. Elrod, 24 So. 994; Goodrich v. Hanley, 29 Conn. 620; Jennings v. Ft.
Read the full summary
Appeal from Buchanan Circuit Court. — No». Ohesley A. M osman, Judge. (1) If Mrs. Landers accepted the promise of defendant to pay her $1,100 in settlement of her case, that constituted an accord and satisfaction of her claim, without the performance of the promise. Railway v. Harriet, 15 S. W. 556; 2 Chitty, Cont. (11 Am. Ed.), 1124; Bennett v. Hill, 14 R. I. 322; Smith v. Elrod, 24 So. 994; Goodrich v. Hanley, 29 Conn. 620; Jennings v. Ft. Worth, 26 S. W. 927; Mary v. Allen, 39 Iowa 235; Whitney v. Cook, 53 Miss. 559; Woodward v. Miles, 24 N. H. 289; Christie v. Craig, 20 Pa. St. 430;…
1Opinion of the CourtBroaddus, P. J.
This is a suit to enforce the collection of an attorney’s fee under the Act of 1901 providing for a lien for the services of attorneys and counselors at law. The plaintiff, an attorney, brought suit *722for Lucinda Landers against defendant to recover damages for the death of her husband, Ebenezar Landers, who was killed July 11, 1907, by one of defendant’s engines. The widow settled her suit for $1,100.
The plaintiff in his petition alleges that Mrs. Landers made a contract with him by which he was to receive for his services a sum equal to one half of the amount to be recovered by judgment or…
2Cases cited4 opinions
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Whitney v. CookMississippi Supreme Court · 1876
- Merry v. AllenSupreme Court of Iowa · 1874
- Jennings v. the City of Fort WorthCourt of Appeals of Texas · 1894
3Cited by5 opinions
- Campbell Coal Co. v. PanoCourt of Appeals of Georgia · 1935
- Chapman v. AdamsMissouri Court of Appeals · 1920
- Erwin v. JonesMissouri Court of Appeals · 1916
- Simmons v. Globe Printing Co.Missouri Court of Appeals · 1919
- Elliott v. ThomasMissouri Court of Appeals · 1914