Parker-Washington Co. v. Dennison
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. The action falls within Sec. 1888, R. S. 1909, providing what actions may be brought within ten years, and falls within the first paragraph thereof, “an action upon any writing, whether sealed or unsealed, for the payment of money or property.” Miner & Frees v. Howard, 93 Mo. App. 569; Shinn v. Wooderson, 95 Mo. App. 6; Howe v. Mittelberg, 96 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. The action falls within Sec. 1888, R. S. 1909, providing what actions may be brought within ten years, and falls within the first paragraph thereof, “an action upon any writing, whether sealed or unsealed, for the payment of money or property.” Miner & Frees v. Howard, 93 Mo. App. 569; Shinn v. Wooderson, 95 Mo. App. 6; Howe v. Mittelberg, 96 Mo. App. 490; Mathis v. Knapp, 45 Mo. 48; Bridges v. Stephens, 132 Mo. 549; Carr v. Thompson, 67 Mo. 476; Curtis v. Sexton, 201 Mo. 217; Ball v. Cotton Press Co., 141 Mo. 26; Knisely v.…
1DissentWoodson, C. J.
(dissenting)- — I dissent from the majority opinion in this ease for the reason that in my judgment the suit is bottomed upon a written promise to pay money, and not to recover damages for a breach of contract or for fraud and deception.
The error counsel for defendant have fallen into, -as I view the record, is partially caused by not differentiating between a suit brought by the obligee, payee or vendee, based upon a written contract made by the obligor, payor, vendor, whereby he promises to pay to the former money or property, and a suit brought by the former against the latter for damages…
2Cases cited19 opinions
- Thomas v. Pacific Beach Co.California Supreme Court · 1896
- Knisely v. LeatheSupreme Court of Missouri · 1914
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Reyburn v. CaseySupreme Court of Missouri · 1859
- Henoch v. ChaneySupreme Court of Missouri · 1875
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