Champion Funding & Foundry Co. v. Heskett
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Now. William N. Martin, Judge. (1) The judgment of the court is complained of by plaintiff in motions for rehearing and in arrest, and should be reversed, for defendant will not be permitted to retain the fruits of his venture and avoid its burdens. 24 Am. and Eng. Ency.,.p. 624, et seq; Robinson v. Siple, 129 Mo. 220; Jenkins v. Life Ins. Co., 79 Mo. App. 55; Bank v. Hunt, 76 Mo. 439; Wade v. Ringo, 122 M'o. 322; Fleckenstein v. Inv.
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Appeal from Cole Circuit Court. — Now. William N. Martin, Judge. (1) The judgment of the court is complained of by plaintiff in motions for rehearing and in arrest, and should be reversed, for defendant will not be permitted to retain the fruits of his venture and avoid its burdens. 24 Am. and Eng. Ency.,.p. 624, et seq; Robinson v. Siple, 129 Mo. 220; Jenkins v. Life Ins. Co., 79 Mo. App. 55; Bank v. Hunt, 76 Mo. 439; Wade v. Ringo, 122 M'o. 322; Fleckenstein v. Inv. Co., 160 Mo. 649; Brown v. Norman, 65 Miss. 369; Johnson v. Cooperly, 33 Ind. 153; Buena Vista F. & V. Co. v. Tuohy, 107 Cal.…
1Opinion of the CourtJohnson, J.
Action to recover judgment on three promissory notes executed by defendant. In the answer, defendant admitted the execution and delivery of the notes, but alleges they were procured by fraud and prays for their cancellation and for other equitable relief, the nature of which will be disclosed in the statement of the facts of the case. The learned trial judge, sitting as a chancellor, heard the evidence, found the issues in favor of defendant and entered judgment accordingly, from which plaintiff appealed. The facts pertinent to the issues raised by the pleadings are somewhat involved, but…
2Cases cited13 opinions
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Scholfield Gear & Pulley Co. v. ScholfieldSupreme Court of Connecticut · 1898
- Wannell v. KemSupreme Court of Missouri · 1874
- Anderson v. McPikeSupreme Court of Missouri · 1885
- McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Allgood v. Tarkio Electric & Water Co.Missouri Court of Appeals · 1928
- Tips v. BarneburgCourt of Appeals of Texas · 1928
- Libbe v. LibbeMissouri Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.