Herf & Frerichs Chemical Co. v. Lackawanna Line
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — --How. H. D. Wood, Judge. STATEMENT. Plaintiff is a corporation engaged in the manufacture of chemicals in the city of St. Louis. The defendant is an incorporated association doing business as a eommoh carrier.
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Appeal from St. Louis City Circuit Court. — --How. H. D. Wood, Judge. STATEMENT. Plaintiff is a corporation engaged in the manufacture of chemicals in the city of St. Louis. The defendant is an incorporated association doing business as a eommoh carrier. The substance of the petition is that on September 24, 1900, plaintiff delivered to defendant at St. Louis, Missouri, and defendant received from plaintiff for transportation to New York City, to be de^ livered to Schoellkoph, Hartford & Maclagan (a corporation) a case of chemicals containing subnitrate of bismuth of the value of $381.60,…
1Opinion of the CourtBland, P. J.
1. This is the fourth appeal of this case. The pleadings have not been changed since the first appeal. The motion to strike out the reply is the same as the motion to strike out that pleading on the first trial of the cause which was then overruled, in respect to which ruling of the trial court, this court said: ‘ ‘ The reply was not a departure under our practice act, but even if it were the only way of taking advantage of it was, by special demurrer or motion to strike out. The appellant by going to trial without doing either waived the objection. Scovill v. Glasner, 79 Mo. 449; Spurlock v.…
2Cases cited16 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Gifford v. Merchants' Despatch Transportation Co.Supreme Court of Iowa · 1877
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by3 opinions
- Neal v. Twelfth & Grand Avenue Building Co.Missouri Court of Appeals · 1934
- Ross v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1906
- Ryan v. Woman's Benefit Ass'n of the MacCabeesMissouri Court of Appeals · 1921