Legal Opinion

Enneking v. Stahl

Missouri Court of Appeals

Decided November 23, 1880PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court, Lindley, J. In order to a recovery there must have been •a rescission, by placing the parties in statu quo. — Parker v. Marquis, 64 Mo: 35; Owens v. Rector, 44 Mo. 389; Jarrett v. Morton, 44 Mo. 275 ; Pearsall v. Chaffin, 44 'Pa.

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Appeal from the St. Louis Circuit Court, Lindley, J. In order to a recovery there must have been •a rescission, by placing the parties in statu quo. — Parker v. Marquis, 64 Mo: 35; Owens v. Rector, 44 Mo. 389; Jarrett v. Morton, 44 Mo. 275 ; Pearsall v. Chaffin, 44 'Pa. St. 9 ; Jeivitt v. Petit', 4 Mich. 508 ; Whiteside v. 'Simon, 10 Hun, 218. -The release by the deed of compo-sition extinguished the debt. — McCrea v. Púrmort, 16 “Wend. 474 ; Strong v. Dean, 55 Barb; 343; Sherborne ;"v. Goodivin. 44 N H. 271. ■ ' • • Composition agreements do not fall within the common rules governing the…

1Opinion of the CourtLewis, P. J.

The plaintiffs sued by attachment the defendants, Leopold Stahl and Bernard Abrams, the present appellants, and Alvina Abrams, wife of Bernard Abrams, for a balance of $818.87, due on account of goods sold and delivered. The suit was afterwards dismissed as to Alvina Abrams. The answer set up a composition agreement entered into by the defendants with their creditors, including the plaintiffs, whereby all the claims were to be settled at fifty cents on the dollar. (It was averred that the plaintiffs’ claim had been settled by the payment of thirty per cent in cash, and the remaining twenty…

2Cases cited1 opinion

  1. Bank of Commerce v. HoeberMissouri Court of Appeals · 1879

3Cited by1 opinion

  1. Home Insurance v. HowardIndiana Supreme Court · 1887

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