Anable v. McDonald Land & Mining Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) It is the law that a release or an acquittance given by one joint obligee binds the other, but to this rule there are certain exceptions. One of those exceptions as where the joint obligee executing the release is acting in fraud of his co-obligee, and especially as alleged here, where the person in whose favor the receipt is given is assisting in the perpetration of the fraud. Lumberman’s Ins.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) It is the law that a release or an acquittance given by one joint obligee binds the other, but to this rule there are certain exceptions. One of those exceptions as where the joint obligee executing the release is acting in fraud of his co-obligee, and especially as alleged here, where the person in whose favor the receipt is given is assisting in the perpetration of the fraud. Lumberman’s Ins. Co. v. Preble, 50 111. 332; . Beatson y. Harris, 60 N. H. 83; Clark y. Loumann, 52 111. 637; Stephens v. Creman, 10 Florida 9;…
1Opinion of the CourtNixon, P. J.
I. The appellant' herein commenced suit against the respondents, McDonald Land & Mining Company and W. P. Quick, upon a petition in two counts. Defendant Quick filed an answer to the petition. A general demurrer was filed by the McDonald Land & Mining Company which was sustained by the trial court and judgment entered thereon, and plaintiff has appealed. Respondents object to the appeal for the reason that the judgment rendered was premature, and that no judgment was rendered against defendant, W. P. Quick. The judgment, after reciting that defendant, McDonald Land & Mining Company, had filed…
2Cases cited17 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Alexander v. RelfeSupreme Court of Missouri · 1881
- Smith v. City of SedaliaSupreme Court of Missouri · 1904
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
- Henry v. Mount Pleasant Township of Bates CountySupreme Court of Missouri · 1879
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3Cited by9 opinions
- Odom v. LangstonSupreme Court of Missouri · 1943
- Morris v. HanssenSupreme Court of Missouri · 1934
- Crowl ex rel. Crowl v. American Linseed Co.Supreme Court of Missouri · 1914
- Dakin v. GreerMissouri Court of Appeals · 1985
- Freedman v. Montague Associates, Inc.New York Supreme Court · 1959
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