Carpenter v. Kendrick
Supreme Court of Missouri
Appeal from Cooper Circuit Court.— Hon. John G. Slate, Judge. (1) The law favors compromises and settlements. Cullen v. Ins. Co., 126 Mo. App. 412. When a right is disputed and a compromise ensues, that compromise will not be disturbed should it turn out afterwards that one of the parties had no right at law. Such a principle would overthrow all compromises. The compromise of a doubtful claim is a good consideration for a contract.
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Appeal from Cooper Circuit Court.— Hon. John G. Slate, Judge. (1) The law favors compromises and settlements. Cullen v. Ins. Co., 126 Mo. App. 412. When a right is disputed and a compromise ensues, that compromise will not be disturbed should it turn out afterwards that one of the parties had no right at law. Such a principle would overthrow all compromises. The compromise of a doubtful claim is a good consideration for a contract. Reilly v. Chouquette, 18 Mo. 226. (2) The compromise of the claim against the estate of W. 0. Powell, whether barred or not, constituted good and sufficient…
1Opinion of the Court
Suit in equity to cancel note and deed of trust made by Alice Powell, deceased, to defendant, F.L. Kendrick, Trustee, and W.R. Clark, beneficiary, dated January 31, 1913.
The plaintiffs had judgment, from which defendants duly appealed to this court.
The grounds alleged in the petition for cancelling said instruments are want of consideration, duress, undue influence, fraud and false representations on the part of the defendant Clark, and want of mental capacity on the part of said Alice Powell in the execution thereof. All of which are put in issue by the answer.
The controversy grows out of a…
2Cases cited6 opinions
- Baldwin v. StateSupreme Court of Missouri · 1848
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Crowe v. PetersSupreme Court of Missouri · 1876
- Williams v. MitchellSupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lee v. UllerySupreme Court of Missouri · 1940
- Johnson v. JohnsonSupreme Court of Missouri · 1944
- Paxon v. Kregel Casket Co.Missouri Court of Appeals · 1928