Rinehart v. Bills
Supreme Court of Missouri
Appeal from Knox. Circuit Court. — Hon. B. E. Turner, Judge. There must be proof of defilement of the wife, or of having enticed her away to sustain the action. ■ Mere solicitations are not sufficient, Gilchrist v. Bale, 8 Watts 355 ; Bigelow’s Lead. Cases on Torts, p. 328 ; Hutchinson v. Peck, 5 John. 196; Modisett v. McPike, 74 Mo. 636. There was-no cause of action to compromise, hence there was no consideration for the note. Wade v. Simeon, 2 C. B. 548; Sav.
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Appeal from Knox. Circuit Court. — Hon. B. E. Turner, Judge. There must be proof of defilement of the wife, or of having enticed her away to sustain the action. ■ Mere solicitations are not sufficient, Gilchrist v. Bale, 8 Watts 355 ; Bigelow’s Lead. Cases on Torts, p. 328 ; Hutchinson v. Peck, 5 John. 196; Modisett v. McPike, 74 Mo. 636. There was-no cause of action to compromise, hence there was no consideration for the note. Wade v. Simeon, 2 C. B. 548; Sav. B’k v. Concord, 15 N. H. 119; Long v. Towle, 42 Mo. 545, The plaintiff assumes that because the pleadings do not show that…
1Opinion of the Court
Martin, C.
On the 26th day of January, 1880, the plaintiff filed a complaint in equity against the defendant. In this complaint another party was originally included as a defendant, but was discharged before trial. The object of the suit was to enjoin the transfer and collection of a certain promissory note in the sum of $550 made by the plaintiff, to enforce its surrender and cancellation, and obtain a judgment for a part payment indoi’sed upon it. It is alleged in the petition that the note was without consideration, and was obtained by false representations, by thi'eats of suit, and of…
2Cases cited2 opinions
- Heermance v. JamesNew York Supreme Court · 1866
- Hoard v. PeckNew York Supreme Court · 1867
3Cited by20 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Clow v. ChapmanSupreme Court of Missouri · 1894
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Adams v. MainIndiana Court of Appeals · 1892
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