Dobbs v. St. Joseph Fire & Marine Insurance
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — IIon. H. S. Kelley, Judge. This was a suit to enjoin and set aside a judgment and to grant a new trial. The plaintiffs, Dobbs, Stotts and Muse, as sureties for one Harlan, executed a note to the St. Joseph Eire & Marine Insurance Company, on which the company subsequently sued.
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Appeal from Andrew Circuit Court. — IIon. H. S. Kelley, Judge. This was a suit to enjoin and set aside a judgment and to grant a new trial. The plaintiffs, Dobbs, Stotts and Muse, as sureties for one Harlan, executed a note to the St. Joseph Eire & Marine Insurance Company, on which the company subsequently sued. The sureties defended, alleging that the company, without their knowledge or consent, for a valuable consideration had granted an extension of time to the principal. Hpon a trial on the merits, the jury, under instruction from the court, found in favor of the company, and the court…
1Opinion of the CourtSherwood, C. J.
The reasons are not a few why the judgment should be affirmed. The matters in controversy were fully investigated in a court of law, a court of competent jurisdiction, the defendants being fully apprised of their rights, and no unfairness- characterizing the transaction. The fact that injustice results from thé judgment, is by no means sufficient to invoke equitable interposition. Where a matter has been fully discussed elsewhere, equity no more interferes with the judgment of a court of law, than a court of law would interfere with the decree of a court of equity. Fraud, however, practiced…
2Cases cited4 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Shelbina Hotel Ass'n v. ParkerSupreme Court of Missouri · 1874
- Matson v. Field & CathcartSupreme Court of Missouri · 1846
- Miller v. BerneckerSupreme Court of Missouri · 1870
3Cited by3 opinions
- Jones v. ArnoldSupreme Court of Missouri · 1949
- State v. DierbergerSupreme Court of Missouri · 1886
- Albright v. OysterU.S. Circuit Court for the District of Eastern Missouri · 1884