Crowder Bros. v. Burlington Elevator Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. W. B. Homer, Judge. (1) The petition, in both counts stated facts sufficient to constitute a cause of action against all the defendants. Especially is this true where, as here, the demurrer admitted every allegation of both counts of such petition. Anable v. Land Co., 144 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. W. B. Homer, Judge. (1) The petition, in both counts stated facts sufficient to constitute a cause of action against all the defendants. Especially is this true where, as here, the demurrer admitted every allegation of both counts of such petition. Anable v. Land Co., 144 Mo. App. 312; Yerdin v. St. Louis-, 131 Mo. 74; Randolph v. Wheeler, 182 Mo. 154. (2) The plaintiffs in equity are entitled to the lien here prayed for, in the second count of their petition, at common law. 1 Jones on Liens, sec. 39, p. 27; 25 Cyc. 662; Townsend v. Vanderworker,…
1Opinion of the CourtNortoni, J.
Plaintiffs recovered a judgment against defendant Burlington Elevator Company on the note described, but the court sustained a demurrer to the petition on the part of the defendants, St. Louis Union Trust Company, Mississippi Valley Trust Company, The National Bank of Commerce and G. L. Edwards. The demurrer having been sustained on the part of these defendants, plaintiffs declined to plead further and suffered judgment to go against them, to the effect that the petition fails to state a cause of action as to them. Prom this judgment on demurrer in favor of defendants, St. Louis Union Trust…
2Cases cited4 opinions
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Society of Shakers at Pleasant Hill v. WatsonCourt of Appeals for the Sixth Circuit · 1895
- Mayberry v. McClurgSupreme Court of Missouri · 1873
- Miles v. JonesSupreme Court of Missouri · 1859
3Cited by3 opinions
- Brask v. Bank of St. LouisMissouri Court of Appeals · 1975
- Scharbauer v. Lampasas CountyCourt of Appeals of Texas · 1919
- Guaranty Laundry Co. v. LewisSupreme Court of Oklahoma · 1939