Lemon v. Wheeler
Missouri Court of Appeals
Appeal from Livingston Circuit Court.- — -How. J. W. Alexander} Judge. (1) The plaintiff can not recover in this case for the reason that the cause of action, if any exists, is in favor of W. C. Lemon and Sarah J. Lemon, jointly, and not in favor of Sarah J. Lemon, severally. Culver v. Smith, 82 Mo. App. 390-398, and cases there cited.
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Appeal from Livingston Circuit Court.- — -How. J. W. Alexander} Judge. (1) The plaintiff can not recover in this case for the reason that the cause of action, if any exists, is in favor of W. C. Lemon and Sarah J. Lemon, jointly, and not in favor of Sarah J. Lemon, severally. Culver v. Smith, 82 Mo. App. 390-398, and cases there cited. (2) The cause of action alleged in plaintiff’s petition is for failure to deliver to her the hotel furniture and fixtures alleged to have been traded to her by the defendants. In such case the measure of damages is the value of the property alleged to have been…
1Opinion of the CourtBroaddus, J.
This suit was instituted in the Linn Circuit Court from, where it was taken to the circuit of Livingston county by change of venue. One David W. Cunning was also a party defendant, but he made no defense in the trial court where judgment was rendered against him and his co-defendant, Wheeler. The latter, alone, appealed.
The plaintiff’s cause of action as stated is substantially as follows: That at and prior to the twenty-fifth day of September, 1899, plaintiff was the owner of a stock of merchandise then in a storehouse at Turney, Missouri, reasonably worth $2,500; that on said day the…
2Cases cited1 opinion
- Culver v. SmithMissouri Court of Appeals · 1900