Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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The re-trial was had, and resulted in a judgment for the plaintiff. The ease is now here for a second review, and the question in regard to the scope of the settlement, and consequently of the receipt, is again up for consideration, but upon evidence materially different from that embraced in the former record. If the second suit was embraced in the settlement, then it is agreed that the receipt must be construed with reference to that fact, since otherwise the clear and manifest intention of the parties would be frustrated. If the second suit was included, and .the receipt is construed with reference to that circumstance, then its general words; “ all claims and demands,” must have a broad application and be interpreted so as to include more than the named judgment. If they include anything beyond that, then the narrow construction must be abandoned and the general words of the receipt allowed to operate according to their usual legal import, and as including every claim at the time held by the plaintiff against the defendant, whatever its name or character.

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