Finlay v. Bryson
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. N. M. G-ivan, Judge. (1) The action was not for a debt contracted upon part of defendant, but grew out of a tort and the attachment could not be sustained upon the ground alleged— that “ the debt sued for was fraudulently contracted upon part of defendant.” And a waiver of the tort did not change the facts in the case, or cause the thing in action to arise out of contract.
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Appeal from Johnson Circuit Court. — Hon. N. M. G-ivan, Judge. (1) The action was not for a debt contracted upon part of defendant, but grew out of a tort and the attachment could not be sustained upon the ground alleged— that “ the debt sued for was fraudulently contracted upon part of defendant.” And a waiver of the tort did not change the facts in the case, or cause the thing in action to arise out of contract. R. S., 1879, p. 62, sec. 398, sub. div. 14; Wallen v. The St. Louis, Iron Mountain & Southern Railway Co., 74 Mo. 521; Eclerlin v. Judge, 36 Mo. 350; Hoagland v. Railroad, 39 Mo.…
1Opinion of the Court
Mabtin, C. —
The plaintiff sues in attachment. In his petition he alleges that the defendant is indebted to him in the sum of five hundred and ten dollars for money had and received by him for the use of plaintiff. He adds that this money consists of the jmoceeds of two pair» of mules sold by defendant as the property of plaintiff, in the sum of threé hundred and thirty dollars, and of money received by defendant from one Bailey belonging to plaintiff, in the sum of one hundred and eighty dollars ;' that defendant lefuses to pay over the same to plaintiff although requested so to do. To this…
2Cases cited16 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Wannell v. KemSupreme Court of Missouri · 1874
- Holland v. AndersonSupreme Court of Missouri · 1866
- Jarrett v. MortonSupreme Court of Missouri · 1869
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3Cited by7 opinions
- Oakland Cemetery Ass'n v. County of RamseySupreme Court of Minnesota · 1906
- Bender v. DunganSupreme Court of Missouri · 1889
- Dougherty v. ChapmanMissouri Court of Appeals · 1888
- Force v. SquierSupreme Court of Missouri · 1896
- Vette v. LeonoriMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.