Horstmeyer v. Connors
Missouri Court of Appeals
JError to the St. Lo%ds City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The alleged request of the defendant infants, upon which the plaintiff’s claim is based, was nugatory. Tupper v. Cadwell, 12 Mete. 559, cited with approval in Billon v. Bowles, 77 Mo. 609. The alleged request of the infants being void, plaintiff is in the situation of a volunteer. Such a person acquires no rights as against one whose obligations he discharges.
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JError to the St. Lo%ds City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The alleged request of the defendant infants, upon which the plaintiff’s claim is based, was nugatory. Tupper v. Cadwell, 12 Mete. 559, cited with approval in Billon v. Bowles, 77 Mo. 609. The alleged request of the infants being void, plaintiff is in the situation of a volunteer. Such a person acquires no rights as against one whose obligations he discharges. This follows only when done in self-protection or under a mistake of fact. Johnson v. Goldsby, 32 Mo. App. 560; Bunn v. Lindsay, 95 Mo. 250, 259; Christy v.…
1Opinion of the CourtRombauek, P. J.
— The plaintiff recovered a judgment against the defendants for an amount alleged to ■ have been paid by him at their request for taxes and repairs on certain real estate. The, defendants did not. appeal from the judgment, nor did they file any motion for new trial or in arrest of judgment, but at a term subsequent to its rendition they filed a motion to-quash the execution issued thereon. The court quashed' the execution and the plaintiff appealed to this court,, which reversed the judgment quashing the execution. Horstmeyer v. Connors, 51 Mo. App. 394. We-decided on that appeal that the…
2Cases cited8 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Erdbruegger v. MeierMissouri Court of Appeals · 1883
- Dillon v. BowlesSupreme Court of Missouri · 1883
- Walters v. HermannSupreme Court of Missouri · 1889
- Paul v. SmithMissouri Court of Appeals · 1890
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3Cited by3 opinions
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
- Walton v. YoreMissouri Court of Appeals · 1894
- Gibson v. Pioneer Life InsuranceMissouri Court of Appeals · 1914