Hax v. Burnes
Missouri Court of Appeals
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
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Exchange Bank v. TracySupreme Court of Missouri · 1883
3Cited by4 opinions
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- E. R. Hawkins & Co. v. QuinetteMissouri Court of Appeals · 1911
- John G. Madden & Anne Madden v. CommissionerUnited States Tax Court · 1946