Tutt v. Price
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The release offered in evidence was no defence. —Perkins v. Lockwood, 100 Mass. 249 ; Harrimany. Harriman, 12 Gray, 341; Price v. Conner, 3 Mo. 453 ; Goodman v. Cheeseman, 2 Barn. & Adol. 328 ; Eatonv. Lincoln, 13 Mass. 424; Grovers.
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Appeal from St. Louis Circuit Court. The release offered in evidence was no defence. —Perkins v. Lockwood, 100 Mass. 249 ; Harrimany. Harriman, 12 Gray, 341; Price v. Conner, 3 Mo. 453 ; Goodman v. Cheeseman, 2 Barn. & Adol. 328 ; Eatonv. Lincoln, 13 Mass. 424; Grovers. Wakeman, 11 Wend. 187. The plea of res adjudicata was’not sustained. — Lindell v. Leggett, 1 Mo. 432 ; Offut v. John, 8 Mo. 120 ; Taylor v. Larkin, 12 Mo. 103; Bell v. Hoagland, 15 Mo. 360 ; Ridgely v. Stillwell, 27 Mo. 128 ; Clemensv. Murphy, 40 Mo. 121. _ ' It is not essential to the validity of a release by a creditor that…
1Opinion of the CourtHayden, J.
In defence to the present action, brought upon two promissory notes executed by the defendants as members of the firm of Sterling Price & Co., the defendants claimed that, becoming embarrassed in 1873, they made a settlement with the creditors, of whom the plaintiff was one, by which, in consideration that the defendants forbore filing a petition in bankruptcy, and surrendered their property to an assignee for equal distribution among accepting creditors, such creditors, among others the plaintiff, released, in writing, the defendants from any obligation on the notes here sued upon. A further…
2Cases cited8 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Wright v. SalisburySupreme Court of Missouri · 1870
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Van Bokkelen v. . TaylorNew York Court of Appeals · 1875
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3Cited by9 opinions
- Standard Oil Co. of Indiana v. Daniel Burkhartsmeier Cooperage Co.Appellate Court of Illinois · 1948
- Jackson v. Star Sprinkler Corp. of FloridaCourt of Appeals for the Eighth Circuit · 1978
- Bassett v. GloverMissouri Court of Appeals · 1888
- State v. YoungSupreme Court of Missouri · 1950
- Rubel v. Guarantee & Trust Co.Appellate Court of Illinois · 1902
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