Brown v. Worthington
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Hon. G. A. Wurdeman, Judge. (1) The petition does not allege nor the ..evidence prove that at the time the note and check were given,. or at the time they were paid, the facts were such as to constitute duress, and consequently, even if it be held that defendant was not entitled to tbe alleged excess payment, tbe plaintiff, who paid his money with full knowledge of the facts, is not entitled to recover the payment made to defendant.
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Appeal from St. Louis Circuit Court. — Hon. G. A. Wurdeman, Judge. (1) The petition does not allege nor the ..evidence prove that at the time the note and check were given,. or at the time they were paid, the facts were such as to constitute duress, and consequently, even if it be held that defendant was not entitled to tbe alleged excess payment, tbe plaintiff, who paid his money with full knowledge of the facts, is not entitled to recover the payment made to defendant. The general rule forbids recovery. 30 Cyc. 1311; Buchanan v. Sahlein, 9 Mo. App. 552; Glass Co. v. Boston, 4 Mete. (Mass.)…
1Opinion of the CourtCox, J.
Action to recover money claimed to have been paid by plaintiff to defendant under duress. Trial by jury, verdict for plaintiff for fifteen hundred dollars and defendant has appealed.
The facts out of which this litigation grew are as follows: Defendant, James A. Worthington, was president of the Worthington Live Stock Company, a company engaged in the feeding of hogs on Chesley Island in the Mississippi river near the city of Saint Louis. In July, 1907, they had on this island a large number of hogs, and plaintiff, who is a resident of- Grand Rapids, Michigan, being desirous of purchasing…
2Cases cited1 opinion
- Sornborger v. SanfordNebraska Supreme Court · 1892
3Cited by5 opinions
- Brown v. WorthingtonMissouri Court of Appeals · 1912
- Williams v. AmannDistrict of Columbia Court of Appeals · 1943
- Bumgardner v. CoreyWest Virginia Supreme Court · 1942
- Locust Realty Co. v. City of Kansas CityMissouri Court of Appeals · 1938
- Maget v. Bartlett Bros. Land & Loan Co.Missouri Court of Appeals · 1931