Legal Opinion

Brown v. Chadwick

Missouri Court of Appeals

Decided December 20, 1888PublishedCited by 3 opinions

Appeal from Adair Circuit Court.- — IIon. Andrew Ellison, Judge. The case is stated in the opinion. (1) The distinction between demands or rights of action which are single and entire and those which are several and distinct is that the former immediately arise ont of one and the same act and the latter out of different acts and contracts. Secor v. Sturgis, 16 N. Y. 548 ; Wagner v. Jacoby, 26 Mo. 532; Flaherty n. Taylor, 35 Mo. 447; Trans.

Read the full summary

Appeal from Adair Circuit Court.- — IIon. Andrew Ellison, Judge. The case is stated in the opinion. (1) The distinction between demands or rights of action which are single and entire and those which are several and distinct is that the former immediately arise ont of one and the same act and the latter out of different acts and contracts. Secor v. Sturgis, 16 N. Y. 548 ; Wagner v. Jacoby, 26 Mo. 532; Flaherty n. Taylor, 35 Mo. 447; Trans. Co. v. Trabue, 63 Mo. 355; Peiffer ¶. Suss, 73 Mo. 245. (2) The authorities above cited show that the judgment before Kelso was a full and complete bar to…

1Opinion of the CourtHall, J.

— The defendant was declared to be insane by jihe probate court of Knox county, and the plaintiff was duly appointed his guardian. Afterward, in the same court, the defendant was declared sane and of sound mind, and the plaintiff was ordered to make a final settlement, and turn over the surplus in his hands to his ward. The plaintiff accordingly presented his final settlement, which, after an examination by the defendant and his attorney, and by the court, was duly approved, and plaintiff was discharged as guardian. The settlement showed a balance due the plaintiff of $145.14 for moneys paid…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Brown v. ChadwickSupreme Court of Missouri · 1883

3Cited by3 opinions

  1. Ormsby v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1926
  2. Hastings v. SwindleMissouri Court of Appeals · 1920
  3. Standefer v. DykemanMissouri Court of Appeals · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API