Sumner v. Tuck
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. Whether the petition be regarded as stating causes of action for deceit, or causes of action for money had. and received (regarding as surplusage any averments of fraud), the plaintiff was entitled to a verdict, as the evidence stood at the end of plaintiff’s case. —House v. Lowell, 45 Mo. 383 ; Pickering v. Transportation Go., 47 Mo. 457 ; Williams v. Fisher, 50 Mo. 198; Ahern v. Gollins, 39 Mo. 145; Biddle v. Runney, 52…
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Appeal from the St. Louis Circuit Court, Boyle, J. Whether the petition be regarded as stating causes of action for deceit, or causes of action for money had. and received (regarding as surplusage any averments of fraud), the plaintiff was entitled to a verdict, as the evidence stood at the end of plaintiff’s case. —House v. Lowell, 45 Mo. 383 ; Pickering v. Transportation Go., 47 Mo. 457 ; Williams v. Fisher, 50 Mo. 198; Ahern v. Gollins, 39 Mo. 145; Biddle v. Runney, 52 Mo. 153; Elfrank v. Seiler, 54 Mo. 134; Pomeroy v. Benton, 57 Mo. 531, 555; Bailey v. Houston, 58 Mo. 361; Gimbell v.…
1Opinion of the CourtLewis, P. J.
The amended petition in this cause is as follows : —
“ The plaintiff in the said cause (by leave of court) files this, his amended petition, and states that he was merely a surety, and Merrick & Stickney were the principals, upon a note, of which the following is a copy : —
‘ $22,000.00. St. Louis, December 7, 1869.
‘ For value received, we jointly and severally promise Amos Tuck, of Exeter, New Hampshire, to pay him or his order, twenty-two thousand dollars, on the first day of January, 1872, with interest on the first days of January and July in each year, at the rate of ten per cent per…
2Cases cited7 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Neftel v. . LightstoneNew York Court of Appeals · 1879
- House v. LowellSupreme Court of Missouri · 1870
- Hornblower v. CrandallMissouri Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex inf. Barker v. Armour Packing Co.Supreme Court of Missouri · 1915
- McDowell v. MorathMissouri Court of Appeals · 1896
- Brauckmann v. LeightonMissouri Court of Appeals · 1896
- Carthage National Bank v. PooleMissouri Court of Appeals · 1911