Cockrell v. Thompson
Supreme Court of Missouri
Appeal from, Johnson Circuit Court.—Hoít. N. M. Givast, Judge (1) A payment, to be the foundation of a claim for contribution, must be compulsory, that is, there must be a fixed and positive obligation to pay. Pitt v. Purssord, 8 Mees. & W. 530; Dams v. Humphreys, 6 Mees. & W. 153; Lucus v. Jeff son Ins.
Read the full summary
Appeal from, Johnson Circuit Court.—Hoít. N. M. Givast, Judge (1) A payment, to be the foundation of a claim for contribution, must be compulsory, that is, there must be a fixed and positive obligation to pay. Pitt v. Purssord, 8 Mees. & W. 530; Dams v. Humphreys, 6 Mees. & W. 153; Lucus v. Jeff son Ins. Co., 6 Cow. 635 ; 2 Wait’s Action and Def. 289 ; Frith v. Sprague, 14 Mass. 455. (2) A broker cannot recover money advanced to pay losses incurred in a gambling operation, nor commission for his services therein. Fareira v. Gabell, 89 Pa. St. 89. (3) In an action to recover for losses and…
1Opinion of the Court
Pep. Curiam.
John J. Cockrell sued Waddy Thompson for $881.25, and interest from date of demand. In his petition he charged that on October 3, 1881, he and defendant jointly purchased, in open market in Toledo, Ohio, ten thousand bushels of number two red winter wheat, to be delivered at any time during November of said year, in elevator in said city, at the price of $1.51f per bushel; that on October 3, 1881, they jointly sold in open market in St. Louis, Mo., ten thousand bushels of wheat of the same grade at $1.55 per bushel, to be delivered in elevators in said city any time in December,…
2Cases cited6 opinions
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Michael v. BaconSupreme Court of Missouri · 1872
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Sawyer, Wallace & Co. v. TaggartCourt of Appeals of Kentucky · 1879
- Warren, Lane & Co. v. HewittSupreme Court of Georgia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Connor v. BlackSupreme Court of Missouri · 1893
- Tooker v. DuckworthMissouri Court of Appeals · 1904
- Mulford v. CæsarMissouri Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.