Otis v. Mechanics' Bank
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The respondent, an incorporated banking institution, issued and circulated as money notes of $5, $10, $20 and $50 each, payable on demand to bearer; and in 1859, one Henry Collier, in the course of trade through the branch of said bank at Weston and otherwise, became the owner and bearer of $8,685 of said notes, which, without fault on his part, were destroyed by fire.
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Error to St. Louis Court of Common Pleas. The respondent, an incorporated banking institution, issued and circulated as money notes of $5, $10, $20 and $50 each, payable on demand to bearer; and in 1859, one Henry Collier, in the course of trade through the branch of said bank at Weston and otherwise, became the owner and bearer of $8,685 of said notes, which, without fault on his part, were destroyed by fire. He made known his loss, tendered bond of indemnification, &c., to the bank, and demanded payment of said sum of money, which was refused. Afterwards, for value, he assigned his claim or…
1Opinion of the Court
Judge Bay
delivered the opinion of the court.
The Practice Act (§2, art. 6, R. C. 1855, p. 1228) reduces all causes of action to seven classes, and permits a plaintiff to unite in his petition as many causes belonging to the same class as he has, but requires the causes so to be united to be separately stated, with the relief sought for each cause of action, in such manner as that “ they may be intelligibly distinguished.” A petition containing two or more causes of action is therefore bad — 1. Where the causes united belong to different classes; and, 2. Where, although the causes belong to the…
2Cases cited3 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Martin v. KanouseNew York Supreme Court · 1855
3Cited by19 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- House v. LowellSupreme Court of Missouri · 1870
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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