Peckham v. Lindell Glass Co.
Missouri Court of Appeals
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.
Read the full summary
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
- Harriman v. StoweSupreme Court of Missouri · 1874
- Wright v. ComptonIndiana Supreme Court · 1876
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Suydam v. MooreNew York Supreme Court · 1850
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Welsh v. StewartMissouri Court of Appeals · 1888
- Benson v. Jim Maddox Northwest Imports, Inc.Missouri Court of Appeals · 1987
- Palmer v. ShenkelMissouri Court of Appeals · 1892
- Kamerick v. CastlemanMissouri Court of Appeals · 1888
- State ex rel. Joseph M. Hayes Woolen Co. v. BenedictMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.