Och v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. (1) The release pleaded in the answer was a bar to the cause of action stated in the petition until-, rescinded in some legal method, and it was error to try the issue of fraud, as raised in the reply, jointly with the other issues in the case, before a jury. The issue of the fraud -or good faith of the release' should have been tried separately as a proceeding in equity.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. (1) The release pleaded in the answer was a bar to the cause of action stated in the petition until-, rescinded in some legal method, and it was error to try the issue of fraud, as raised in the reply, jointly with the other issues in the case, before a jury. The issue of the fraud -or good faith of the release' should have been tried separately as a proceeding in equity. Anson on Contracts, p. 163; Lawson on Contracts, sec. 248; Bishop on Contracts, sec. 611; Jarrettv. Morton, 44 Mo. 275; JEstes v. Reynolds, 75 Mo.…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries sustained by the plaintiff Julia Och, while a passenger on one of defendant’s trains en route from Gainesville, Texas, to St. Louis, Missouri. The plaintiff William Och is her husband. The suit was brought in the circuit court of the city of St. Louis. A trial before a jury resulted in a verdict • and judgment for plaintiff in the sum of $7,521.45 from which defendant appealed.
The petition alleges “that on the seventh day of October, 1891, plaintiff Julia was a passenger on defendant’s cars from Gainesville, Texas, to the city of Sedalia,…
2Cases cited58 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by73 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
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- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Carson v. SmithSupreme Court of Missouri · 1896
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