Bell v. Hoagland
Supreme Court of Missouri
APPEAL from Cooper Circuit Court. statement of the case. Bell brought an action against Hoagland on the following instrument of writing. “Iteceivfid, Boonville March 14th, 1845, of Wm. O. Bell, three hundred dollars to be invested in lumber. (Signed) GEO.
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APPEAL from Cooper Circuit Court. statement of the case. Bell brought an action against Hoagland on the following instrument of writing. “Iteceivfid, Boonville March 14th, 1845, of Wm. O. Bell, three hundred dollars to be invested in lumber. (Signed) GEO. T. HOAGLAND.” and alleged In his petition that the defendant, Hoagland, had not invested the money in lumber according to his undertaking, but had converted it to his own use and refused to return it on demand, although a reasonable time for its investment had elapsed. The defendant set up as his answer and defence, that the plaintiffs5…
1Opinion of the CourtHyland, J.
From the above statement it is clear, that the main question between the parties to this record, involves the fact of a former adjudication of the subject matter now in controversy. Has a court of competent authority ever passed upon the matter now in suit, in any former action between these parties or their privies, upon the merits of the demand?
In order to determine this question aright, it will be necessary to state a few of the leading facts as they appear on the record. Hoagland assigned to Hughes two bonds or notes on the plaintiff Bell. Huglies, as such assignee, brought suit on the…
2Cited by16 opinions
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- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Wright v. SalisburySupreme Court of Missouri · 1870
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Spradling v. ConwaySupreme Court of Missouri · 1872
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