Thompson v. Lindsay
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. E. M. Barney, Judge. (1) The court erred in overruling the defendant’s objection to the introduction of any evidence on the part of the plaintiff, made before any evidence was introduced, on the ground that there was no equity in the petition, that no cause of action was stated in the petition. Mulholland v. Rapp, 50 Mo. 42. (2) Negligence amounting to a breach of duty supplies the place of intent.
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Appeal from Buchanan Circuit Court. — Eon. E. M. Barney, Judge. (1) The court erred in overruling the defendant’s objection to the introduction of any evidence on the part of the plaintiff, made before any evidence was introduced, on the ground that there was no equity in the petition, that no cause of action was stated in the petition. Mulholland v. Rapp, 50 Mo. 42. (2) Negligence amounting to a breach of duty supplies the place of intent. Creen v. Smith, 57 Yt. 268; Pence v. Arbuckle, 22 Minn. 417; Hardy v. Bank, 51 Md. 562; Bank v. Hazard, 30 N. Y. 226; Horn v. Cole, 51 N. PI. 227; Kingman…
1Opinion of the CourtLamm, J.
Equity. On March 18, 1908, plaintiff sued in the Buchanan Circuit Court to set aside a deed of trust and trustee’s deed purporting to convey to defendant Hettie Lindsay lot one in block 3, South St. Joseph Town Company’s Second Addition to the city of St. Joseph, and for an accounting. The prayer of the bill was further that defendants he compelled to convey in default of such conveyance, title to he vested out of them and into plaintiff,
*60From a decree finding the issues for plaintiff and granting relief in kind, witlu an accounting of the amount due on the contract and for rents (defendant…
2Cases cited1 opinion
- East St. Louis Ice & Cold Storage Co. v. Herman H.Supreme Court of Missouri · 1911
3Cited by18 opinions
- Paisley v. LucasSupreme Court of Missouri · 1940
- Rains v. MoulderSupreme Court of Missouri · 1936
- Johnson v. McAboySupreme Court of Missouri · 1943
- Kinloch Telephone Co. v. City of St. LouisSupreme Court of Missouri · 1916
- Jacobs v. CauthornSupreme Court of Missouri · 1922
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