Lindell v. Brant
Supreme Court of Missouri
Jippeal from St. Louis Court of Common Pleas.' Lindell, Walker, Robbins and others agreed with Brant, in writing, not under seal, to unite in the defence of suits brought to recover a tract of land known as the Clamorgan arpent, and to contribute towards the defence, in proportion to the value of their several interests in the land. The parties to this agreement appointed a committee to employ counsel and conduct the defence.
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Jippeal from St. Louis Court of Common Pleas.' Lindell, Walker, Robbins and others agreed with Brant, in writing, not under seal, to unite in the defence of suits brought to recover a tract of land known as the Clamorgan arpent, and to contribute towards the defence, in proportion to the value of their several interests in the land. The parties to this agreement appointed a committee to employ counsel and conduct the defence. An assessment was made against each of the parties interested. Brant refused to pay his assessment on account of alleged errors, whereupon, the committee (who were the…
1Opinion of the CourtRylaND, Judge
1. Erom the statement herein, the only question is, the right of these plaintiffs to maintain this joint action against the defendant. In the opinion of this court, these plaintiffs cannot join to maintain an action upon the above facts against the defendant. Each one must sue in his own name for the amount paid by him for Brant, and which-Brant should repay to him. We are not to judge for the defendant, whether it will be more to his benefit and advantage to pay what he owes to these plaintiffs with the costs of one judgment only against him for the entire sum, which he owes in various…
2Cases cited2 opinions
- Wright v. PostSupreme Court of Connecticut · 1819
- Black v. BottsCourt of Appeals of Kentucky · 1809