Chicago Coffin Co. v. Fritz
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas. ' Hon. Thos. H. Bacon, Judge. The petition is sufficient. It declares and the demurrer admits that the stock of goods sought to be charged is respondent’s separate property — the proceeds or continuation in trade of the same stock owned by her separately at the time the debt was contracted; she being then a feme covert such obligation can only be enforced in equity against her separate property, even after dissolution of…
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Appeal from the Hannibal Court of Common Pleas. ' Hon. Thos. H. Bacon, Judge. The petition is sufficient. It declares and the demurrer admits that the stock of goods sought to be charged is respondent’s separate property — the proceeds or continuation in trade of the same stock owned by her separately at the time the debt was contracted; she being then a feme covert such obligation can only be enforced in equity against her separate property, even after dissolution of coverture. Davis v-. Smith, 75 Mo. 219 (overruling King v. Mittleburger, 60 Mo. 182) ; Hooton v. Ransom, 6 Mo. App. 19 ;…
1Opinion of the CourtBiggs, J.
This is a suit in equity brought by the plaintiff, in which the interest of the defendant Mildred K. Fritz in the firm business of Fritz & Curts is sought to be charged with a certain indebtedness, which the plaintiff alleged was due from the defendant. On the trial of the cause, the court on the defendant’s objection refused to permit the plaintiff to introduce any evidence in support of its alleged cause of action, for the reason that the petition failed to state facts sufficient to constitute a cause of action. The plaintiff declined to amend the pleading, and the court thereupon *391dismissed…
2Cases cited7 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- McCoy v. HyattSupreme Court of Missouri · 1883
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Wiles v. MaddoxSupreme Court of Missouri · 1857
- Shackelford's Administrator v. ClarkSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baer v. PfaffMissouri Court of Appeals · 1891
- Grimes v. WhitesidesMissouri Court of Appeals · 1896
- Lindsay v. ArchibaldMissouri Court of Appeals · 1896
- Van Rheeden v. BushMissouri Court of Appeals · 1891
- Boekhoff v. GrunerMissouri Court of Appeals · 1891