Cape Girardeau Bell Telephone Co. v. Estate of Hamil
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas.— Eon. R. G. Ranney, Judge. (1) The telephone company knew every fact connected with the accounts when it paid them, and of their own will made a voluntary payment with full knowledge, no fraud, no duress, and it cannot recover. American Brewing Co. v. St. Louis, 187 Mo. 367; Teasdale v. Stoller, 133 Mo. 645; Stoll ex rel. v. Stenetticet, 92 Mo.
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Appeal from Cape Girardeau Court of Common Pleas.— Eon. R. G. Ranney, Judge. (1) The telephone company knew every fact connected with the accounts when it paid them, and of their own will made a voluntary payment with full knowledge, no fraud, no duress, and it cannot recover. American Brewing Co. v. St. Louis, 187 Mo. 367; Teasdale v. Stoller, 133 Mo. 645; Stoll ex rel. v. Stenetticet, 92 Mo. App. 220; Campbell v. Clark, 44 Mo.- App. 249; Meir v. Meir, 88 Mo. 566; 30 Cyc. 1298. (1) The first, if not the only question in this case, is: Was the assignment of this claim from the undertaker Hoch…
1Opinion of the CourtCox, J.
Thomas J. Hamil was an employee of plaintiff, and was killed by coming in contact with a live wire in July, 1907. The plaintiff soon thereafter paid the funeral expenses of the deceased. J. A. Ha-mil was appointed administrator of the estate of deceased and later brought suit against plaintiff and re covered judgment for $1875, damages on account of the death of Thomas J. Hamil. Plaintiff na,id this judg*407ment, then about November 1, 1909, secured an assignment to it of the accounts for the funeral expenses paid by it over two years prior thereto, and presented' these accounts to the court of…
2Cases cited6 opinions
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Vansandt v. HobbsMissouri Court of Appeals · 1900
- Campbell v. AllenMissouri Court of Appeals · 1889
- Campbell Printing Press & Manufacturing Co. v. RoederMissouri Court of Appeals · 1891
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3Cited by6 opinions
- Iowa State Insurance v. Missouri Southern RailroadMissouri Court of Appeals · 1928
- Loman v. HarrelsonMissouri Court of Appeals · 1968
- Cape Girardeau Bell Telephone Co. v. HamilMissouri Court of Appeals · 1911
- Jacobs v. WebsterMissouri Court of Appeals · 1918
- Hurt v. DealMissouri Court of Appeals · 1979
1 more not listed; retrieve them via the Exa API.