Grumley v. Webb
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. The cause of action in this case originated prior to the date of the discharge. All the facts upon which this suit is based were well known to Grumley when he made the settlement. The receipt, when interpreted in the light of all the facts and circumstances connected with the settlement, is a full discharge of the plaintiff’s claims embraced in-this suit.
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•Appeal from St. Louis Circuit Court. The cause of action in this case originated prior to the date of the discharge. All the facts upon which this suit is based were well known to Grumley when he made the settlement. The receipt, when interpreted in the light of all the facts and circumstances connected with the settlement, is a full discharge of the plaintiff’s claims embraced in-this suit. (Altham’s case, 4_Coke, 305-6; "Vedder v. Vedder, 1 Denio, 259 ; Hoes v. Van Hosen, 1 Barb. Ch. 398 ; Van Brunt v. Van Brunt, 3 Edw. Ch., N. Y., 16 ; 1 Show. 150, 154 ; Bell v. Bruen, 1 How. 169 ;…
1Opinion
On Motion for Rehearing.
As to the application of- the statute of frauds, the following is in substance the argument of counsel-: .. Jqdge.,Currier.noticed none .of the authorities cited except the case of.Hughes v. Moore, That was. a suit at law to recover a.sum of money verbally agreed to be paid 'to plaintiff, first, as compensation for the loss of his equitable title; and, second, in lieu of all the damage done plaintiff by the misconduct of the defendant in depriving .plaintiff .of the title. The case' before.this court is not at law, but in equity; it.is not- to recover a sum of money,…
2Cases cited5 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1860
- Price v. HartSupreme Court of Missouri · 1859
- Woods v. FarmareSupreme Court of Pennsylvania · 1840
- Bean v. ValleSupreme Court of Missouri · 1829