Butts v. McMurry
Missouri Court of Appeals
Appeal from the Shelby Circuit Court. — Hon. Andrew Ellison, Judge. The statement contains a good cause of action. Thurston v. McClanahan, 5 Mo. 521; Myers v. Wool-folk, 3 Mo. 348; Casey v. Clark, 2 Mo. 11; McCartny v. Auer, 50 Mo. 395; Smith v. Manks, 55 Mo. 106. Under our law everything arising out of contract can be assigned except personal contracts not executed.
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Appeal from the Shelby Circuit Court. — Hon. Andrew Ellison, Judge. The statement contains a good cause of action. Thurston v. McClanahan, 5 Mo. 521; Myers v. Wool-folk, 3 Mo. 348; Casey v. Clark, 2 Mo. 11; McCartny v. Auer, 50 Mo. 395; Smith v. Manks, 55 Mo. 106. Under our law everything arising out of contract can be assigned except personal contracts not executed. E. S. 1889, sec. 1990; Melton v. Smith, 65 Mo. 315; Morgan v. Eouse, 53 Mo. 219; Adams v. Cowherd, 30 Mo. 458. The test of assignability is whether the cause of action would pass to the personal representative of a decedent. Dean…
1Opinion of the CourtBland, P. J.
— From an adverse judgment in a justice’s court plaintiff appealed to the circuit court, where he filed the following amended petition, to wit:
*528“Plaintiff for amended statement in this cause, leave of court being had for that purpose, says: That on December 15, 1894, and ever since that time, defendants were and have been partners, running a business .college in Shelbina, Missouri, of which J. C. Ewing was and is president. That in December, 1894, defendant employed H. H. Jewett to assist them in organizing said business college and in securing students for the same. That on December 15, 1894,…
2Cases cited2 opinions
- Lansden v. McCarthySupreme Court of Missouri · 1869
- Boykin v. CampbellMissouri Court of Appeals · 1881
3Cited by3 opinions
- Purington v. McPhersonCalifornia Supreme Court · 1926
- Moore v. ThompsonMissouri Court of Appeals · 1902
- Hall v. ChitwoodMissouri Court of Appeals · 1904