Taylor v. Sartorious
Missouri Court of Appeals
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
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Kelly v. ThueySupreme Court of Missouri · 1898
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Strough v. GearIndiana Supreme Court · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
- Coca Cola Co. v. Pepsi-Cola Co.Superior Court of Delaware · 1934
- Gammel v. Ernst & ErnstSupreme Court of Minnesota · 1955
- Drainage District No. 1 Reformed v. MatthewsSupreme Court of Missouri · 1950
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
27 more not listed; retrieve them via the Exa API.