Hax & Brother v. Hax
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Hon. R. R. Culver, Judge. (1) The contract sued upon was only a contract of indemnity against damages, and no right of action had accrued therein at the time of institution of this suit. 2 Sedgwick on Damages [8 Ed.], secs, 791, 792, 793; 2 Sutherland on Damages [Ed. 3884], p. 602; Borum v. Reed, 73 Mo. 461; Wicker v. Hoppock, 73 IT.
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Appeal from the Buchanan Circuit Court.—Hon. R. R. Culver, Judge. (1) The contract sued upon was only a contract of indemnity against damages, and no right of action had accrued therein at the time of institution of this suit. 2 Sedgwick on Damages [8 Ed.], secs, 791, 792, 793; 2 Sutherland on Damages [Ed. 3884], p. 602; Borum v. Reed, 73 Mo. 461; Wicker v. Hoppock, 73 IT. S. 99; Gennings v. Norton, 35 Me. 308; Hussey v. Collins, 30 Me. 190; Weller v. Earnes, 3 5 Minn. [1 Ed.], p. 461 (p. 376 reprint); Jcffer v. Johnson, 21 AY. J. Law, 73. (2) The loss sustained by the Modern Loan and…
1Opinion of the CourtSmith, P. J.
The salient facts of this case, as disclosed by the evidence on the record before us, may be briefly stated in this wise: The St. Joseph Loan & Trust Company—which we shall hereafter for brevity designate the trust company—was indebted to the plaintiffs (partners under the namemf Hax & Bro.) in a large amount of money, insufficiently secured by a great number of collateral evidences of indebtedness which had been transferred to plaintiffs; while the plaintiffs and the trust company were so related the plaintiffs agreed with the defendant to take $26,260 for the said indebtedness owing to them…
2Cases cited4 opinions
- Ham v. HillSupreme Court of Missouri · 1860
- Commonwealth v. McCoySupreme Court of Pennsylvania · 1839
- Ticonic Bank v. SmileySupreme Judicial Court of Maine · 1847
- Hicks v. HoosMissouri Court of Appeals · 1891
3Cited by1 opinion
- Riley-Wilson Grocer Co. v. Seymour Canning Co.Missouri Court of Appeals · 1908