Brewster v. Gauss
| Decision Date | 31 March 1866 |
| Citation | Brewster v. Gauss, 37 Mo. 518 (Mo. 1866) |
| Parties | CHESTER H. BREWSTER et als., Respondents, v. CHARLES W. GAUSS et al., Appellants. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court.
Knox & Smith, for appellants.
Krum & Decker, for respondents.
It appears that several attachments, at the suit of different parties, were levied in succession upon certain goods and chattels as the property of Aaron Jacobs & Co., the defendants therein; that the property attached was claimed by Keiler & Isaacs, who afterwards brought an action of trespass against all these attaching plaintiffs, jointly, as for a joint trespass, and recovered judgment against them for $1,918.90, damages and costs; that in the attachment of Brewster. Orrick & Co. judgment was obtained, and satisfied out of the goods attached to the amount of $1,358.52 and that a small part of the proceeds remained over to be applied on the next attachment; but that the attachment of Fallenstein & Gauas, of which firm the defendant here was one, realized nothing, and that the judgment in favor of Keiler & Isaacs, against the joint trespassers, was satisfied by the plaintiff Brewster, as one of his firm. He now brings this suit, in the nature of a bill in equity, against the defendant here to enforce a contribution towards the amount of the judgment which he has paid.
It appears that the excess of the judgment paid over and above the amount realized on the attachment of his firm was $560.38, and that the defendant's proportion of the difference between the two judgments would be only about $70.05. The defendant sists that he can be compelled to contribute only in that proportion. ?y the judgment of the court below, he was compelled to contribute to the whole amount of the judgment.
The plaintiff relies upon the statute of Damages, which provides that in a judgment...
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Paddock-Hawley Iron Company v. Rice
...412; Knight v. Nelson, 117 Mass. 458; Cole v. Edwards, 52 Neb. 711; Perrin v. Claflin, 11 Mo. 13; Taylor v. Ryan, 15 Neb. 573; Brewster v. Gauss, 37 Mo. 518; Kuhn Weil, 73 Mo. 213; Lesser v. Boeckhoff, 33 Mo.App. 234; Conrad v. Fisher, 37 Mo.App. 352; Palmer v. Shenkel, 50 Mo.App. 571. (7) ......
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Judd v. Walker
...of our statute, to a contribution, even in cases involving a fraudulent intent. See section 5431, Revised Statutes 1909; see also Brewster v. Gauss, 37 Mo. 518, where the Court declared this statute to be general in its nature and to apply to all joint judgments for torts, and the case of S......
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Judd v. Walker.
...terms of our statute to a contribution, even in cases involving a fraudulent intent. See section 5431, R. S. 1909. See, also, Brewster v. Gauss, 37 Mo. 518, where the Supreme Court declared this statute to be general in its nature and to apply to all joint judgments for torts, and the case ......
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Leeser v. Boekhoff
...to show a joint trespass. It may be conceded that successive attaching creditors are not, prima facie, joint trespassers ( Brewster v. Gauss, 37 Mo. 518); but it is clear that they may proceed by such a concert of action as will make them such, where they seize the goods of a stranger. The ......