Labeaume ex rel. Chouteau v. Sweeney
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The facts shown by the record in this case are the same as when it was formerly here, (IT Mo.
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Error to St. Louis Court of Common Pleas. The facts shown by the record in this case are the same as when it was formerly here, (IT Mo. Rep. 153,) with the following exceptions : It now appears that after the delivery bond was entered into by Labeaume and Sweeney, James Myers became the owner of the steamboat Frontier, and brought her to St. Louis; that upon her arrival here, Labeaume told Myers that the boat would be delivered up to the sheriff under the bond, unless an indemnity was given against it. Myers thereupon transferred one-fourth of the boat to Chouteau, and gave him the agency of…
1Opinion of the CourtScott, Judge
When this case was formerly here, it was not presented in the shape which it now wears. It did not then appear in what capacity Chouteau interfered in this transaction. The cause *167was determined on the face of the obligations, as they stood, there being no equitable circumstances for Sweeney, showing that Chouteau was not entitled to the money he sought to recover through Labeaume.
We are of the opinion that the case now wears an aspect different from that it formerly assumed.
This action was commenced under the former system of practice, and is for money paid for the use of another. He who paid…
2Cases cited1 opinion
- Evans v. KingSupreme Court of Missouri · 1842
3Cited by2 opinions
- Fleming v. ClarkMissouri Court of Appeals · 1886
- State Ex Rel. v. Weinberg and Am. Sur. Co.Missouri Court of Appeals · 1941