Mooers v. Martin
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The plaintiff had a right to sue for each month’s rent separately, as each constituted and was ground for a separate cause of action, after it was due and earned, but could not be recovered for as a money demand until earned, although payable in advance by terms of contract.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The plaintiff had a right to sue for each month’s rent separately, as each constituted and was ground for a separate cause of action, after it was due and earned, but could not be recovered for as a money demand until earned, although payable in advance by terms of contract. Bridle v. Gran,, 42 Mo. 359; Wagner ■». Jacoby, 26 Mo. 532. A suit for rent and possession must state all the rent due, and the cause of action can not be so divided as to support two actions for rent and possession. Wolff v. Shinlcle, 4 Mo. App. 197; Vaughn…
1Opinion of the CourtThompson, J.
This is a proceeding under the landlord’s and ten*655•ant’s act for rent in arrear and restitution of premises. The complaint shows that the premises were rented for one hundred dollars per month, payable in advance on the first day of every month. The suit was commenced ■on October 21, 1885, and the demand is for the unpaid rents for the months of August and September. It appears that on the same day the plaintiff commenced a •similar proceeding for the October rent, but this was afterwards dismissed in the circuit court. On the defendant’s appeal from the justice, this cause was heard by the…
2Cases cited4 opinions
- Vaughn v. LockeSupreme Court of Missouri · 1858
- Cook v. DeckerSupreme Court of Missouri · 1876
- Wolff v. ShinkleMissouri Court of Appeals · 1877
- Horn v. PetelerMissouri Court of Appeals · 1885
3Cited by7 opinions
- Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
- Mansur v. ChamberlinMissouri Court of Appeals · 1912
- Fisher v. ChittyMissouri Court of Appeals · 1895
- Gaines v. CorningMissouri Court of Appeals · 1984
- Neiner v. AltemeyerMissouri Court of Appeals · 1897
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