Carr v. Lackland
Supreme Court of Missouri
Appeal from St. Louis City Circuit Gowrt. — Hon. Daniel D. Fishes, Judge. ' (1) First cause of action: The securities in 1871 were of no actual value. The respondents have received credit for any and all subsequent appreciations of said securities, in so far as Mrs. Allen has been benefited thereby; the deficiency of about $17,000 being still unreduced.
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Appeal from St. Louis City Circuit Gowrt. — Hon. Daniel D. Fishes, Judge. ' (1) First cause of action: The securities in 1871 were of no actual value. The respondents have received credit for any and all subsequent appreciations of said securities, in so far as Mrs. Allen has been benefited thereby; the deficiency of about $17,000 being still unreduced. (2) Does the marriage settlement imply an agreement or covenant on Mr. Allen’s part to furnish Mrs. Allen with certain securities in the value of $50,250? (3) The attitude of the contracting parties forbade inquiry on the part of Mrs. Allen,…
1Opinion of the CourtMaoeaklane, J.
This is a suit in equity growing out of a marriage contract between Gerard B. Allen and Eugenia L. Carr, executed prior to their marriage, which occurred July 12, 1871.
At the time of making the contract Mr. Allen was a widower, fifty-four years of age, with four children, and Mrs. Carr was a widow, thirty-seven years old, having four children also; each was possessed of an estate, — that of the former valued at $250,000 and that of the latter at $50,000. In contemplation of marriage they entered into a contract dated the tenth day of July, 1871, in one paragraph of which it was agreed that…
2Cases cited11 opinions
- Pierce v. . PierceNew York Court of Appeals · 1877
- Grumley v. WebbSupreme Court of Missouri · 1869
- McNutt v. McNuttIndiana Supreme Court · 1888
- Torrance v. McDougaldSupreme Court of Georgia · 1853
- Long v. TimmsSupreme Court of Missouri · 1891
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3Cited by7 opinions
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- J. W. Reedy Elevator & Manufacturing Co. v. MertzMissouri Court of Appeals · 1904
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