Billings v. Cal. Hirsch & Sons Iron & Rail Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. William Zachritz, Judge. Appellant respectfully submits that the following errors were committed by the court, to-wit: (1) The refusal of the court to sustain appellant’s demurrer to the evidence of plaintiff below, for the reason that “a receiver can not sue in a foreign jurisdiction for property of the debtor:” Ins. Co. ex rel.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. William Zachritz, Judge. Appellant respectfully submits that the following errors were committed by the court, to-wit: (1) The refusal of the court to sustain appellant’s demurrer to the evidence of plaintiff below, for the reason that “a receiver can not sue in a foreign jurisdiction for property of the debtor:” Ins. Co. ex rel. Bennerson, Receiver, v. E. S. Needles, 52 Mo. 17; Booth v. Clark, 17 Howard (H. S.), 322; 71 Mo. App. 656; 73 Mo. App. 634. Or the refusal of the court to sustain demurrer to amended petition for same reason. (2)…
1Opinion of the CourtBond, J.
Plaintiff sues as receiver of the Elyton Company, an Alabama corporation, for the price of certain machinery and scrap iron sold to defendant, a Missouri corporation, under a contract accepted by it, which is, to-wit:
“Birmingham, Ala., April!, 1898.
“Cal. Hirsch and Sons Iron & Rail Co.:
“Confirming-our verbal agreement with your Mr. M. A. Hirsch, we agree to sell you all of the machinery and scrap iron as seen by him at the old Birmingham Railway and Supply Co.’s Mills at Avondale, railroad weights to govern here with the understanding that cars are to be weighed empty. Terms to be B. of L.…
2Cited by4 opinions
- B. F. Goodrich Rubber Co. v. RobertsonMissouri Court of Appeals · 1926
- Stoff v. SchuetzeSupreme Court of Missouri · 1922
- Vette v. Merrell Drug Co.Missouri Court of Appeals · 1909
- Whitewater Mercantile Co. v. DevoreMissouri Court of Appeals · 1908