Miller v. New Madrid Banking Co.
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The petition does not state facts sufficient to constitute a cause of action for injunctive or other relief. There are no allegations that plaintiff has suffered eviction, that defendant is insolvent, nor that plaintiff has no adequate remedy at law. Sec. 3649, E. S. 1899; Connor v.' Eddy, 25 Mo. 72; Jones v. Stanton,. 11 Mo. 433; Barton v..
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The petition does not state facts sufficient to constitute a cause of action for injunctive or other relief. There are no allegations that plaintiff has suffered eviction, that defendant is insolvent, nor that plaintiff has no adequate remedy at law. Sec. 3649, E. S. 1899; Connor v.' Eddy, 25 Mo. 72; Jones v. Stanton,. 11 Mo. 433; Barton v.. Eector, 7 Mo.- 525;: State v. Wood, 155 Mo. 447; Eailroad v. Maddox, 92 Mo. 471; Wilcox v. Walker, 94 Mo. 88. (2) There-was no proof that the cashier of the defendant banking company was…
1Opinion of the CourtYalliant, J.
— The plaintiff’s complaint is set out in his petition in four separate counts, and in two suits which were consolidated. The trouble grows out of the purchase of 100 acres of land in Howell county by plaintiff of defendant, and the alleged failure of defendant to make good the title to 58 acres. The purchase price of the land was $1,800, whereof the plaintiff paid $600 cash, and executed his two notes for $600 each for the balance, secured by deed of trust on the land purchased. The petition in plaintiff’s first suit is in three counts; in the first, after alleging defect in title to the 58…
2Cases cited2 opinions
- Feller v. LeeSupreme Court of Missouri · 1910
- McNutt v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1904
3Cited by2 opinions
- Swabey v. BoyersSupreme Court of Missouri · 1918
- Woods v. RainsCourt of Appeals for the Eighth Circuit · 1939