Legal Opinion

Breeden v. Frankford Marine, Accident & Plate Glass Insurance

Supreme Court of Missouri

Decided May 22, 1909PublishedCited by 20 opinions

Appeal from Jasper Circuit Court. — -Hon. Hugh Dabbs, Judge. (1) Maintenance is unlawful under the law of Missouri. Duke v. Harper, 66 Mo. 51; Breeden v. Ins. Co., 110 Mo. App. 312; Phelps v; Manecke, 119 Mo. App. 139. (2) A civil action for damages resulting from maintenance will lie at common law. Breeden v. Ins. Co., 110 Mo. App. 312; 5 Am. and Eng. Eney. Law (2 Ed.), 821; Harris v. Brisco, 17 Q. B. Div. 511; Wallis v. Portland, 3 Ves.

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Appeal from Jasper Circuit Court. — -Hon. Hugh Dabbs, Judge. (1) Maintenance is unlawful under the law of Missouri. Duke v. Harper, 66 Mo. 51; Breeden v. Ins. Co., 110 Mo. App. 312; Phelps v; Manecke, 119 Mo. App. 139. (2) A civil action for damages resulting from maintenance will lie at common law. Breeden v. Ins. Co., 110 Mo. App. 312; 5 Am. and Eng. Eney. Law (2 Ed.), 821; Harris v. Brisco, 17 Q. B. Div. 511; Wallis v. Portland, 3 Ves. Jr. 502; Pechell v. Watson, 8 M. & W. 691; Bradlangh v. Newdgate, 11 Q. B. Div. 1; Goodyear Dental Vulcanite Co. v. White, Fed. Cases, 5602; Fletcher v.…

1Opinion of the CourtWoodson, J.

The plaintiff instituted this suit against the defendant in the circuit court of Jasper county to recover the sum of $4,650, damages alleged to have been sustained by him through the unlawful and wrongful maintenance of a certain suit instituted by him against the Big Circle Mining Company, a corporation of the same county, which had for its object the recovery of $5,000 damages for personal injuries alleged to have been sustained by him through the negligence of said mining company.

There was a trial had in the circuit court, which resulted in a judgment in favor of the defendant, and from…

2Cases cited34 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  3. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  4. American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
  5. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891

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3Cited by20 opinions

  1. Liberty Mutual Insurance v. JonesSupreme Court of Missouri · 1939
  2. Talley v. HowsleyTexas Supreme Court · 1943
  3. Schnabel v. Taft Broadcasting Company, Inc.Missouri Court of Appeals · 1975
  4. Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
  5. Curry v. DahlbergSupreme Court of Missouri · 1937

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