Legal Opinion

Hax v. Burnes

Missouri Court of Appeals

Decided April 6, 1903PublishedCited by 4 opinions

Appeal from Buchanan Circuit Court — Hon. W. K. James, Judge. (1) The right to contribution whenever one person discharges more than his just share of a common burden, is well settled. Van Petten v. Richardson, 68 Mo. 379; Mason v. Lord, 37 Mass. 447; Taylor v. Reynolds, 53 Cal. 686. (2) This right exists among partners after the partnership is closed. 7 Am. and Eng. Ency.

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Appeal from Buchanan Circuit Court — Hon. W. K. James, Judge. (1) The right to contribution whenever one person discharges more than his just share of a common burden, is well settled. Van Petten v. Richardson, 68 Mo. 379; Mason v. Lord, 37 Mass. 447; Taylor v. Reynolds, 53 Cal. 686. (2) This right exists among partners after the partnership is closed. 7 Am. and Eng. Ency. Law (2 Ed.), 361; Clark v. Miller, 36 Kas. 393; Sambs, Admr., v. Durham, 98 Va. 392; Note to Sambs, Admr., v. Durham, 54 L. R. A. 621. (3) The claim survives the death of the obligor. 7 Am. and Eng. Ency. Law (1 Ed.), 328.…

1Opinion of the CourtEllison, J.

This action is for contribution. The trial court made a finding of facts and thereupon declared the law thereon to be that plaintiffs could not recover. The action arises on a contract of guaranty whereby a partnership, of which defendant’s ancestor is alleged to have been a member, guaranteed the payment of two- certain promissory notes made by one Ketchum, and assigned by the partnership. The facts-, necessary to state appear to be as follows:

On the 27th of June, 1883, Louis Hax (whose administrators are the plaintiffs), James N. Burnes (whose heirs, including the administrator of one of…

2Cases cited2 opinions

  1. Edwards v. ThomasSupreme Court of Missouri · 1877
  2. Exchange Bank v. TracySupreme Court of Missouri · 1883

3Cited by4 opinions

  1. Mnookin v. CommissionerUnited States Tax Court · 1949
  2. Hidden v. EdwardsSupreme Court of Missouri · 1926
  3. E. R. Hawkins & Co. v. QuinetteMissouri Court of Appeals · 1911
  4. John G. Madden & Anne Madden v. CommissionerUnited States Tax Court · 1946

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