Mason v. Summers
Missouri Court of Appeals
Error to Ray Circuit Court, Hon. G-eorge W. Dunn, Judge. Statement of case by the court. This is an action in form for money had and received. The petition alleges that on the twenty-second day of March, 1883, the plaintiff and one Franklin Carter were partners, and that on that day they let the defendant have of their partnership money the sum of five hundred dollars, whereby defendant became indebted to them in that sum.
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Error to Ray Circuit Court, Hon. G-eorge W. Dunn, Judge. Statement of case by the court. This is an action in form for money had and received. The petition alleges that on the twenty-second day of March, 1883, the plaintiff and one Franklin Carter were partners, and that on that day they let the defendant have of their partnership money the sum of five hundred dollars, whereby defendant became indebted to them in that sum. It is alleged that since that time the •co-partnership has been dissolved, and that plaintiff has ' become the successor to said claim by an assignment thereof, for value,…
1Opinion of the CourtPhilips, P. J.
I. The first question for consideration on this record is, was the judgment in the former suit conclusive on the parties hereto as to the issues tendered in the answer of defendant herein ? That the judgment is conclusive of every matter within the terms of the issues made by the pleadings therein, is too well settled to require the citation of any authorities. The judgment of a court of competent jurisdiction, directly upon the same point, as a plea in bar, or as evidence conclusive between the same parties and their privies, is a complete estoppel in every other jurisdiction. Wells on Res…
2Cases cited7 opinions
- Henry v. WoodsSupreme Court of Missouri · 1883
- Lyon v. AnnableSupreme Court of Connecticut · 1822
- Missouri Pacific Railway Co. v. LevyMissouri Court of Appeals · 1885
- Burwell v. KnightNew York Supreme Court · 1868
- Robbins v. HarrisonSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
- Perkins v. GoddinMissouri Court of Appeals · 1905
- Charles v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1907
- Pickel Stone Co. v. WallMissouri Court of Appeals · 1904
- Jamison v. WickhamMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.