Dibert v. D'Arcy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. (1) The trial court erroneously decided the case on questions of res adjudícala and estoppel in pais, .not raised by.the pleadings or entered into at the trial. A defense of estoppel or of res adjudícala must be pleaded. Sanders v. Chartrand, 158 Mo. 161; Bray v. Marshall, 75 Mo. 327; Tyler v. Hall, 27 Am.
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Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. (1) The trial court erroneously decided the case on questions of res adjudícala and estoppel in pais, .not raised by.the pleadings or entered into at the trial. A defense of estoppel or of res adjudícala must be pleaded. Sanders v. Chartrand, 158 Mo. 161; Bray v. Marshall, 75 Mo. 327; Tyler v. Hall, 27 Am. St. 344; Noble v. Blount, 77 Mo. 235; Avery v. Railroad, 113 Mo. 561; Throckmorton v. Pence, 121 Mo. 50; Cockrill v. Hutchinson, 135 Mo. 67; Bank v. Doran, 109 Mo. 40; Spurlock v. Sproule, 72 Mo. 503; State v. Muench,…
1Opinion of the Court
BROWN, C.
This is a proceeding by the plaintiff and. appellee to subject the property of the F. H. Smith Lumber Company in the hands of Edward D’Arcy, the surviving trustee under a conveyance by the company for the benefit of its creditors, to the payment of certain notes. The conveyance under which appellant holds the property is called by both parties a common law assignment. As there is no question raised as to the liability of the assignee for the debts of the Lumber Company it is not necessary to inquire further what this may mean. The original assignees under this instrument were Charles…
2Cases cited11 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Smith v. SheldenMichigan Supreme Court · 1876
- Hanson v. NealSupreme Court of Missouri · 1908
- In re Waddell-Entz Co.Supreme Court of Connecticut · 1896
- Easton v. German-American BankSupreme Court of the United States · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Redmond v. Commerce Trust Co.Court of Appeals for the Eighth Circuit · 1944
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
36 more not listed; retrieve them via the Exa API.