Legal Opinion

Allen v. Goodrich

Missouri Court of Appeals

Decided March 6, 1905PublishedCited by 1 opinion

Appeal from Pettis Circuit Court. — Ho». George F. Longcm, Judge. (1) The statement was an itemized account. No formal pleadings are required before a justice of the peace. All that is required is that the plaintiff should file a statement of tlie account. R. S. 1899, sec. 3852; Doggett v. Blanke, 70 Mo. App. 499; Wilkinson v. Ins. Co., 54 Mo.

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Appeal from Pettis Circuit Court. — Ho». George F. Longcm, Judge. (1) The statement was an itemized account. No formal pleadings are required before a justice of the peace. All that is required is that the plaintiff should file a statement of tlie account. R. S. 1899, sec. 3852; Doggett v. Blanke, 70 Mo. App. 499; Wilkinson v. Ins. Co., 54 Mo. App. 661. (2) The party with whom the contract is made is a proper party plaintiff, although the contract was made for the benefit of a third party. The party with whom the contract is made is the real party in interest. Walhormfechtel v. Dobyns, 32 Mo.…

1Opinion of the Court

BROADDUS, P.

— We adopt the following statement of the case made by respondents which, with a single exception, contains every fact necessary for our consideration:

‘ ‘ This suit was brought by Julia Allen, the plaintiff, in a justice of the peace’s court where there was a trial and judgment for defendants, and the case appealed by the plaintiff to the circuit court. There was no statement or other pleading filed in the justice court except the itemized account. The account is made out on a printed letterhead, which reads: ‘ Sedalia Elevator, W. M. Harbaugh, Manager,’ together with some other…

2Cases cited3 opinions

  1. Collins v. BurrusMissouri Court of Appeals · 1896
  2. First State Bank v. NoelMissouri Court of Appeals · 1902
  3. Maxwell v. QuimbyCourt of Appeals of Kansas · 1901

3Cited by1 opinion

  1. Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920

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