Hazell v. Clark
Missouri Court of Appeals
Error to Moniteau Circuit Court. — Hon. T. B. Robinson, Judge. (1) The petition is for money loaned. The replication for money had and received. Evidence was admitted, and the recovery had, upon a special promise made by defendant and one E. S. Meyer, to repay plaintiff money invested by him in the partnership. The law is well settled in this state that plaintiff must recover upon the cause of action stated in his petition or not at all.
Read the full summary
Error to Moniteau Circuit Court. — Hon. T. B. Robinson, Judge. (1) The petition is for money loaned. The replication for money had and received. Evidence was admitted, and the recovery had, upon a special promise made by defendant and one E. S. Meyer, to repay plaintiff money invested by him in the partnership. The law is well settled in this state that plaintiff must recover upon the cause of action stated in his petition or not at all. McCormick v. Transit Co., 151 Mo. 202; Cole v. Armour, 151 Mo. 351; Whipple v. B. & L. Ass’n, 55 Mo. App. 551; Clements v. Teates, 69 Mo. 623; Eield v.…
1Opinion of the CourtSmith, P. J.
Action for money loaned. The salient facts of the ease which the evidence tends to establish may be grouped in this wise: One Dr. Butler was the owner of a tract of timber land in Eranklin county. The defendant and his brother-in-law, Meyer, believing that the timber on said tract could be cut and profitably worked into ties, posts, cordwood, etc., concluded to form a partnership under the name of Meyer & Company and purchase the same for that purpose, which they did accordingly. Something like a couple of months after Meyer & Company had made their timber purchase they opened a general…
2Cases cited13 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Richardson v. . HughittNew York Court of Appeals · 1879
- McDonald v. MatneySupreme Court of Missouri · 1884
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Curry v. . FowlerNew York Court of Appeals · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Green v. WhaleySupreme Court of Missouri · 1917
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Chapin v. CherrySupreme Court of Missouri · 1912
- National Bank of Commerce v. FrancisSupreme Court of Missouri · 1922
- Sain v. RooneyMissouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.