Dysart v. Crow
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Ron. David H. Ely, Judge. (1) The action for contribution was originally of exclusive equitable jurisdiction. When equity possessed jurisdiction anterior to a remedy at law, it is not ousted of such jurisdiction unless the statute giving the legal remedy expressly precludes the interposition of ■equity. Bispham’s Equity, p. 387, secs. 328, 329; Clark v. Admr. of Henry, 9 Mo. 201; Purdy v. Gault, 19 Mo.
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Appeal from Monroe Circuit Court. — Ron. David H. Ely, Judge. (1) The action for contribution was originally of exclusive equitable jurisdiction. When equity possessed jurisdiction anterior to a remedy at law, it is not ousted of such jurisdiction unless the statute giving the legal remedy expressly precludes the interposition of ■equity. Bispham’s Equity, p. 387, secs. 328, 329; Clark v. Admr. of Henry, 9 Mo. 201; Purdy v. Gault, 19 Mo. App. 191; McDaniel v. Lee, 37 Mo. 129; Saving Inst, v. Collonius, 63 Mo. 290; Primm v. Eadoteau, 56 Mo. 407; Harrington v. Utterback, 57 Mo. 519; Pratt v.…
1Opinion of the CourtValliant, J.
This is a suit in equity for contribution.
The plaintiffs, jointly with defendants Crow, Curtright, Lowenstein, Vaughn, and Crutcher, and one Charles W. Reed, now deceased, made their negotiable promissory note for $6,000 payable to Frank L. Pitts, *279who afterwards indorsed and delivered it to one Reynolds. After the maturity of the note the plaintiffs jointly paid $4,000 on it, and subsequently, with defendant Crow, who contributed thereto $600, they paid the balance. The total amount thus paid for principal and interest was $8,657.39. Since the payment the defendants Yaughn and Crutcher have…
2Cases cited5 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Washington Savings Bank v. Butchers & Drovers' BankSupreme Court of Missouri · 1891
- Harrington v. UtterbackSupreme Court of Missouri · 1874
- Primm v. RaboteauSupreme Court of Missouri · 1874
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- Hammons v. EhneySupreme Court of Missouri · 1996
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Houtz v. HellmanSupreme Court of Missouri · 1910
- Meissner v. Standard Railway Equipment Co.Supreme Court of Missouri · 1908
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