Legal Opinion

Peckham v. Lindell Glass Co.

Missouri Court of Appeals

Decided January 25, 1881PublishedCited by 6 opinions

Appeal from the St. Louis Circuit Court, Adams, J. A statement of two causes of action in one count is a defect of which advantage may be taken on motion in arrest of judgment. — Clark v. Railroad Co., 36 Mo. 215; McCoy v. Yager, 34 Mo. 134; Laveille v. Harrison, 30 Mo. 228 ; Mooney v. Kennett, 19 Mo. 551. Sureties on an indemnity bond are liable for trespass where an illegal levy is made. — Luébbering v. Oberkoetter, 1 Mo. App. 393 ; Peckham v. Glass Co., 7 Mo.

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Appeal from the St. Louis Circuit Court, Adams, J. A statement of two causes of action in one count is a defect of which advantage may be taken on motion in arrest of judgment. — Clark v. Railroad Co., 36 Mo. 215; McCoy v. Yager, 34 Mo. 134; Laveille v. Harrison, 30 Mo. 228 ; Mooney v. Kennett, 19 Mo. 551. Sureties on an indemnity bond are liable for trespass where an illegal levy is made. — Luébbering v. Oberkoetter, 1 Mo. App. 393 ; Peckham v. Glass Co., 7 Mo. App. 563; The State to use v. Doan, 39 Mo. 44. That Nichols signed the bond as president did not affect his liability. — Harriman…

1Opinion of the CourtThompson, J.

This case was before this court two years ago, and an abstract of the decision then rendered is found in 7 Mo. App. 563. As that decision was not reported in full, a brief recapitulation of the facts may be necessary. The suit grew out of a levy made by the Lindell Glass Company, under an execution against the firm of George T. Weeks & Co., upon certain personal property, consisting of sundry merchandise, fixtures, etc., contained in a building on Main Street, in St. Louis. After the making of the levy, the plaintiff, Peckham, filed’his claim in accordance with the statute, claiming said…

2Cases cited18 opinions

  1. Harriman v. StoweSupreme Court of Missouri · 1874
  2. Wright v. ComptonIndiana Supreme Court · 1876
  3. Lottman v. BarnettSupreme Court of Missouri · 1876
  4. Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
  5. Suydam v. MooreNew York Supreme Court · 1850

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3Cited by6 opinions

  1. Welsh v. StewartMissouri Court of Appeals · 1888
  2. Benson v. Jim Maddox Northwest Imports, Inc.Missouri Court of Appeals · 1987
  3. Palmer v. ShenkelMissouri Court of Appeals · 1892
  4. Kamerick v. CastlemanMissouri Court of Appeals · 1888
  5. State ex rel. Joseph M. Hayes Woolen Co. v. BenedictMissouri Court of Appeals · 1892

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