State ex rel. Gibson v. Myers
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. When the judgment which Gibson had paid was reversed, he was entitled to restitution from the surviving partner to whom he had paid it. — Raum v. Reynolds, 18 Cal. 275; Gott v. Powell, 41 Mo. 416. A final settlement is conclusive only as to matters comprehended in it. —The State v. Baldwin, 27 Mo.' 103; Fish v. Leighton, 44 Mo. 268 ; Probate Oourt v. Merriam, 8 Vt. 234. The sureties are liable in this action. — Rollins v.…
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Appeal from the St. Louis Circuit Court, Thayer, J. When the judgment which Gibson had paid was reversed, he was entitled to restitution from the surviving partner to whom he had paid it. — Raum v. Reynolds, 18 Cal. 275; Gott v. Powell, 41 Mo. 416. A final settlement is conclusive only as to matters comprehended in it. —The State v. Baldwin, 27 Mo.' 103; Fish v. Leighton, 44 Mo. 268 ; Probate Oourt v. Merriam, 8 Vt. 234. The sureties are liable in this action. — Rollins v. The State, 13 Mo. 439; Peppier v. Scholl, 47 Mo. 84; 48 Mo. 41. There was no breach of the bond. — The State to use v.…
1Opinion of the CourtHayden, J.
This is a suit on a bond given by the respondent Myers in the St. Louis Probate Court, under the statute, as surviving partner of the firm of Myers & Yohlkamp. In January, 1873, the partners had brought suit to.enforce a mechanic’s lien upon the property of the relator. Yohlkamp died, and the suit resulted in a judgment in favor of the surviving partner, who, in 1875, collected the amount ($1,274.95) on execution. The court below found, and for the purposes of this case it may be conceded, that Myers, who had reported this demand to the Probate Court as uncollectible, converted the money thus…
2Cases cited2 opinions
- State ex rel. Taylor v. WoodsSupreme Court of Missouri · 1865
- Goebel v. FosterMissouri Court of Appeals · 1880