White v. Dyer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.- (1) Where an obligation is made to two parties jointly, they can not separate the liability and bring an action in favor of each. Dewey v. Carey, 60 Mo. 224. One of two obligees in a joint contract can not sue alone upon the contract. Henry v. Mt. Pleasant Tp., 70 Mo. 500; Thieman v. Goodnight, 17 Mo. App. 429; McLaren v. Wilhelm, 50 Mo.
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Appeal from the St. Louis City Circuit Court.- (1) Where an obligation is made to two parties jointly, they can not separate the liability and bring an action in favor of each. Dewey v. Carey, 60 Mo. 224. One of two obligees in a joint contract can not sue alone upon the contract. Henry v. Mt. Pleasant Tp., 70 Mo. 500; Thieman v. Goodnight, 17 Mo. App. 429; McLaren v. Wilhelm, 50 Mo. App. 658. (2) The plaintiff might have proceeded under the statute, section 1994, Revised Statutes 1889. He could have made Sachse a party defendant upon his refusal to join with him. 2 Bates on Partnership, sec.…
1Opinion of the CourtBond, J.
This is an appeal by defendant from a judgment against him for work and labor performed on certain houses. The case was tried by the court, uj)on a waiver of a jury, and the only question presented is, whether .there is any substantial evidence to support the verdict. Defendant insists that the entire evidence shows that a contract for the work in question was made by him with plaintiff, and one Sachse as joint contractors or partners, and that as said Sachse was not joined or made a party to the present action, the court should have found for defendant. The decision of this question involves…
2Cases cited3 opinions
- Henry v. Mount Pleasant Township of Bates CountySupreme Court of Missouri · 1879
- Dewey v. CareySupreme Court of Missouri · 1875
- McLaran v. WilhelmMissouri Court of Appeals · 1892
3Cited by2 opinions
- Estate of Lenhardt v. LenhardtMissouri Court of Appeals · 1959
- Townsend v. RoofMissouri Court of Appeals · 1922