Wells v. Adams
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The petition discloses that the payment of the money was voluntary, there being no present and urgent necessity on Wells’ part to pay it. Appellants’ objection to the introduction of any testimony should, therefore, have been sustained. Buchanan v. Sahlein, 9 Mo. App. 552; Schell City v. Mfg. Co., 39 Mo. App. 264; Ass’n v. Hehlor, 7 Mo. App. 158; Wolfe v. Marshal, 52 Mo. 161; Dustin v. Earrelly, 81 Mo.
Read the full summary
Appeal from Putnam Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The petition discloses that the payment of the money was voluntary, there being no present and urgent necessity on Wells’ part to pay it. Appellants’ objection to the introduction of any testimony should, therefore, have been sustained. Buchanan v. Sahlein, 9 Mo. App. 552; Schell City v. Mfg. Co., 39 Mo. App. 264; Ass’n v. Hehlor, 7 Mo. App. 158; Wolfe v. Marshal, 52 Mo. 161; Dustin v. Earrelly, 81 Mo. App. 380; De La Cuesta v. Ins. Co., 9 L. R. A. 631. (2) The evidence shows that the appellants were not responsible for the…
1Opinion of the CourtSmith, P. J.
The nature of this action will be best understood by reference to the plaintiff’s petition, the first of' the four counts therein contained being as follows:
Plaintiff states that the defendant, Orear, is, and was at all times hereinafter mentioned, what is commonly known as a. *219“loan agentthat said Orear was at all said times engaged in soliciting loans for bis co-defendant, Adams, and that the said Orear was the scrivener who drafted the necessary papers evidencing such loans so procured by said Orear for the said Adams.
Plaintiff, for cause of action, states that on or about the eighteenth…
2Cases cited27 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brown v. WorthingtonMissouri Court of Appeals · 1912
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- Dowd v. Lake Sites, Inc.Supreme Court of Missouri · 1955
- Howard v. StrodeMissouri Court of Appeals · 1907
9 more not listed; retrieve them via the Exa API.