Tennent Shoe Co. v. Birdseye
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — How. 11. G. Timmonds, Judge. (1) This is a ease strictly in equity, and the issues should not have been tried by a jury. 22 Encyclopedia of Pleading and Practice, pages 135, 136 and 138; In re Ferguson Estate, 124 Mo. 583; State to use Kelley v. Thornton, 56 Mo. 325; Dillion, Admr., v. Bates & Co., 39 Mo. 299; Carr v. Waldron, 44 Mo. 393. (2) Having elected to sue the defendants, as partners, the action is against them jointly, and a joint…
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Appeal from Vernon Circuit Court. — How. 11. G. Timmonds, Judge. (1) This is a ease strictly in equity, and the issues should not have been tried by a jury. 22 Encyclopedia of Pleading and Practice, pages 135, 136 and 138; In re Ferguson Estate, 124 Mo. 583; State to use Kelley v. Thornton, 56 Mo. 325; Dillion, Admr., v. Bates & Co., 39 Mo. 299; Carr v. Waldron, 44 Mo. 393. (2) Having elected to sue the defendants, as partners, the action is against them jointly, and a joint liability must be alleged in the petition or' there will be no cause of action stated. Steans v. Aguire, 6 Cal. 176;…
1Opinion of the CourtBroaddus, J.
Substantially the allegations of the petition are as follows:
That defendants were at all times mentioned in the petition engaged in the practice of law. That on the first day of August, 1902, one W. T. Thorp was the *699owner of 240 acres of land situated in Vernon county; that said land was encumbered with three trust deeds as follows: The first in favor of Walton Trust Company, securing a note in the sum of $2,400; the second in favor of Calvin W. Bryant, securing a note in the sum of $1,500; and the third dated the eighth of February, 1902, executed by said W. T. Thorp, securing notes in favor…
2Cases cited2 opinions
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Jones v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1901
3Cited by1 opinion
- Summers v. KellerMissouri Court of Appeals · 1911