Gens & Tiede v. Hargadine, McKittrick & Co.
Missouri Court of Appeals
Appeal from the Osage Circicit Court. — Hon. Rudolph. Hirzel, Judge. (1) The court should have rendered j udgment for the defendants on the pleadings. The first two paragraphs in answer to petition set up complete defenses in themselves, and the replication of defendants thereto admits-the facts stated in said paragraphs and fails to allege-sufficient facts to constitute in law an avoidance.
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Appeal from the Osage Circicit Court. — Hon. Rudolph. Hirzel, Judge. (1) The court should have rendered j udgment for the defendants on the pleadings. The first two paragraphs in answer to petition set up complete defenses in themselves, and the replication of defendants thereto admits-the facts stated in said paragraphs and fails to allege-sufficient facts to constitute in law an avoidance. The-basis of the suit is a claim for damages, an uncertain and disputed amount, and the principles of law applicable to this case are the principles laid down in cases, following: Mateer v. Railroad, 105…
1Opinion of the CourtEllison, J.
— This is an action of trespass for the seizure and sale, under attachment, of a stock of merchandise, 'the property of the firm of Culberson & Hall. The cause of action was assigned by Culberson & Hall to plaintiffs, defendants in the attachment suit. On trial below.plaintiffs obtained judgment and defendants appeal.
The case was heretofore before this court and will be found reported in 45 Mo. App. 38, where a statement of the origin and general nature of the transaction preceding the commencement of the present action, will be found. When the cause was remanded there was an amiendment of…
Also in this document: Concurrence.
2Cases cited14 opinions
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Reed v. PelletierSupreme Court of Missouri · 1859
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- Crim v. WalkerSupreme Court of Missouri · 1883
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3Cited by8 opinions
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Payne v. Bertman and KellyMissouri Court of Appeals · 1930
- J.C. Jones & Co. v. DoughtyMissouri Court of Appeals · 1988
- Dunham-Buckley & Co. v. HalbergMissouri Court of Appeals · 1897
- Kelly-Goodfellow Shoe Co. v. Vail Bros.Missouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.