Ashby v. Winston
Supreme Court of Missouri
Error to Cole Circuit Court. This was an action instituted by Thomas T. Ashby against A. P. Dorris, William Kerr and G. B. Winston.
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Error to Cole Circuit Court. This was an action instituted by Thomas T. Ashby against A. P. Dorris, William Kerr and G. B. Winston. Plaintiff set forth in his petition substantially that Dorris and Kerr, by their promissory note dated July 2, 1855, promised to pay plaintiff $748.22 one day after date; that said note is still due and unpaid; that before and on the 8th day of July, 1855, Dorris had pending a certain suit against Winston founded on two promissory notes, amounting to between $1500 and $1600, executed in favor of said Dorris by Winston ; that Dorris, in order to secure to…
1Opinion of the CourtRichardson, Judge
The instrument of writing executed by Dorris to the plaintiff operated as an equitable assignment of the notes men*213tioned in it, and carried with it the right of the plaintiff to control the suit and to take the fruits of the judgment when obtained to the extent of satisfying the debt owing by Dorris and Kerr; and if Winston had notice of the plaintiff’s interest he was bound to treat him as the real owner, and had no right to compromise the suit without the plaintiff’s consent. Only one cause of action is disclosed in the petition. It is alleged that Winston, with full notice and in fraud of…
2Cited by8 opinions
- Gardner v. SamuelsCalifornia Supreme Court · 1897
- Allnutt v. LeperSupreme Court of Missouri · 1871
- T. A. Miller Lumber Co. v. OliverMissouri Court of Appeals · 1896
- Cranmer v. HowardSouth Dakota Supreme Court · 1921
- Greenwood v. New York Life InsuranceMissouri Court of Appeals · 1887
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