Hill v. Morris
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, George W. Lubke, Judge. The respondent was a guarantor, was liable to Nichols, and was an independent contractor between Nichols and the appellant. Hill ». Morris, 15 Mo. App. 324, 330, 331. The action on this contract to indemnify can not be sustained until the plaintiff has himself paid the loss.
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Appeal from tlie St. Louis Circuit Court, George W. Lubke, Judge. The respondent was a guarantor, was liable to Nichols, and was an independent contractor between Nichols and the appellant. Hill ». Morris, 15 Mo. App. 324, 330, 331. The action on this contract to indemnify can not be sustained until the plaintiff has himself paid the loss. Hearne v. Keath, 63 Mo. 84; Hale v. Huse, 10 Gray, 99. It can not be doubted that Hill could not in any event recover more than he himself had to pay to Nichols, Bonney ro. Seely, 2 Wend. 481; Williams v. Aroni, 35 La. An. 1115, and only after lie had paid…
1Opinion of the CourtThompson, J.
This case was before the court on a former appeal, and, in our opinion, then delivered, the transaction which constitutes the foundation of the action was fully •stated. 15 Mo. App. 322. We held that the defendants were entitled to an instruction for a non-suit, on the .ground that the plaintiff sued as the assignee of Mellville •S. Nichols, and that the evidence showed no contract between the defendants and Nichols.
I. Upon another trial in the circuit court, the plaintiff, by leave of court, filed an amended petition (being the third amended petition filed in the case), with the view of…
2Cases cited4 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Hamlin v. CarruthersMissouri Court of Appeals · 1885
- Hill v. MorrisMissouri Court of Appeals · 1884
3Cited by8 opinions
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
- Dyer v. HarperSupreme Court of Missouri · 1934
- McMillan v. WackerMissouri Court of Appeals · 1894
- Security Trust & Savings Bank v. RavelNew Mexico Supreme Court · 1918
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