Carr v. Barnes
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Non. Henry M. Barney, Judge. The court erred in refusing defendant’s instruction No. 1. It has been held, that an order of a referee in bankruptcy, or assignee allowing or disallowing a claim is a judgment, conclusive upon the parties as to the matter litigated, in any subsequent action on the same claim. Hargadine D. G. Co. v. Hudson, 122 Fed.
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Appeal from Buchanan Circuit Court. — Non. Henry M. Barney, Judge. The court erred in refusing defendant’s instruction No. 1. It has been held, that an order of a referee in bankruptcy, or assignee allowing or disallowing a claim is a judgment, conclusive upon the parties as to the matter litigated, in any subsequent action on the same claim. Hargadine D. G. Co. v. Hudson, 122 Fed. (C. O. A.) 232; Sunkler v. McKenzie, 127 Cal. 554, 59 Pac. 982; Southern Planing Mill v. Doerhofer, 78 S. W. 882; Cody v. Vaughan, 53 Mo. App. 169; Eppright v. Kauffman, 90 Mo. 25; Nonsen v. Jacobs, 93 Mo. 331. If…
1Opinion of the CourtJohnson, J.
— This suit is on a check for $2,000 drawn by defendant on a bank in St. Joseph, dated December 29, 1906, and protested for non-payment January 10, 1907. Plaintiff claims to be the assignee of the check which was made payable to the order of Punk Bros., a partnership doing business in Spokane, Washington. In the answer, defendant denies that plaintiff is the owner of the check and pleads that the check is unsupported by a valuable consideration. In the reply, plaintiff alleges that after this suit was begun, defendant filed a petition in bankruptcy in the United States District Court for the…
2Cases cited1 opinion
- Farmers & Merchants Bank v. RichardsMissouri Court of Appeals · 1906
3Cited by4 opinions
- Cohen v. GrossCourt of Appeals for the Third Circuit · 1963
- Weed v. HorningSupreme Court of Florida · 1947
- Cohen v. GrossCourt of Appeals for the Third Circuit · 1963
- Davis v. Morgan Foundry Co.Missouri Court of Appeals · 1929