Winter v. Kansas City Cable Ry. Co.
Decision Date | 30 June 1900 |
Citation | 160 Mo. 159,61 S.W. 606 |
Parties | WINTER v. KANSAS CITY CABLE RY. CO. |
Court | Missouri Supreme Court |
1. An infant obtained a judgment for $5,000 against a solvent railroad company, which was affirmed by the supreme court. On execution sued out against it, defendant interpleaded against the next friend of the infant and curators appointed for him by different courts, but without paying the money into court. The rightful curator, on representations by a friend of defendant that the litigation would be protracted if settlement were not made, obtained an order from the probate court to accept $4,500 in full settlement of the judgment, which, with interest accrued, then amounted to $6,800. Satisfaction of the judgment was then entered on the records. The order was subsequently rescinded on the ground of mistake as to the facts. Held, that there was no consideration for the release of the balance due on the judgment, the infant's right thereto being no longer in dispute.
2. The discontinuance of vexatious lawsuits brought to harass the attorneys of an infant who had obtained a final judgment against a railroad company, and to delay the collection thereof, furnishes no consideration for a release of the judgment by the infant's curator for less than the amount due thereon.
3. Where a curator, under authority of the probate court, released on the record an infant's judgment against a railroad company for less than the amount due thereon, and unnecessarily attached his seal thereto, the seal did not conclusively import a consideration for the discharge of the entire debt.
4. Rev. St. 1889, § 2090, provides that whenever a specialty or other written contract for the payment of money or delivery of property shall be the foundation of an action or defense in whole or in part, or shall be given in evidence in any court without being pleaded, the proper party may prove want or failure of consideration thereof, in whole or in part. Held, that equity would inquire into the consideration of a curator's release under seal of an infant's judgment for less than the amount thereof.
5. Where an infant sought to rescind his curator's settlement for less than the amount due on his judgment against a railroad company, on the ground of fraud and want of consideration, he was not obliged to tender the amount paid, to recover the balance due, since be was entitled to this in any event.
Appeal from circuit court, Jackson county; Charles L. Dobson, Judge.
Suit by Willie Winter, by Thomas R. Smith, curator, against the Kansas City Cable Railway Company, to set aside a compromise. A judgment for plaintiff was affirmed by the Kansas City court of appeals, and certified on dissent. Affirmed.
The following opinions were filed in the Kansas City court of appeals:
"SMITH, J.
This is a suit in equity. For a proper understanding of the questions presented for decision, no better general statement of the case can be made than is to be found in the allegations of the petition, which are as follows:
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