Legal Opinion

Taylor v. Sartorious

Missouri Court of Appeals

Decided February 4, 1908PublishedCited by 32 opinions

Appeal from St. Louis City Circuit Court . — Hon. Moses N. Sale, Judge. (1) A judgment rendered in favor of one or more joint and several obligors is a bar to a suit against another co-obligor if the grounds *of defense set up in both cases are shown to be identical; that is, a discharge of the obligation or other defense equally applicable to all obligors.

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Appeal from St. Louis City Circuit Court . — Hon. Moses N. Sale, Judge. (1) A judgment rendered in favor of one or more joint and several obligors is a bar to a suit against another co-obligor if the grounds *of defense set up in both cases are shown to be identical; that is, a discharge of the obligation or other defense equally applicable to all obligors. Spencer v. Dearth, 43 Vt. 98; Hill v. Morse, 61 Me. 541; Townsend v. Riddle, 2 N. H. 448, 450; Hunt v. Terril’s Heirs, 7 J. J. Marsh (30 Ky.) 67. (2) A successful defense by one of two or more joint and several debtors in an action against…

1Opinion of the CourtGoode, J.

(after stating the facts). — 1. An attentive study of the evidence has discovered none except what relates to the alleged alteration of the written authority of Texier, which tends to prove he attempted to perpetrate a fraud against appellant and her associates in business, and none at all that if a slip bearing the disputed words was attached to the writing, •empowering him to act as agent, and he subsequently ■detached it for a fraudulent purpose, either Turley or *33Bock knew these facts when they dealt with him, or other facts which would canse a prudent man to distrust the apparent grant of…

2Cases cited17 opinions

  1. Womach v. City of St. JosephSupreme Court of Missouri · 1907
  2. Kelly v. ThueySupreme Court of Missouri · 1898
  3. Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
  4. Edwards v. . DooleyNew York Court of Appeals · 1890
  5. Strough v. GearIndiana Supreme Court · 1874

12 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
  2. Coca Cola Co. v. Pepsi-Cola Co.Superior Court of Delaware · 1934
  3. Gammel v. Ernst & ErnstSupreme Court of Minnesota · 1955
  4. Drainage District No. 1 Reformed v. MatthewsSupreme Court of Missouri · 1950
  5. Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926

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