York v. Farmers Bank
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Ron. Wm. L. Ja-rrott, Judge.. (1) The law is well settled in this State that pleadings shall be strictly construed against the pleader. Snyder v. Free, 114 Mo. 367; Overton v. Overton, 131 Mo. 566; Young y. Schofield, 132 Mo. 661; Bales v. Bennington, 141 Mo. 581; Sidway v. Railway, 163 Mo. 372. (2) It is equally true that the plaintiff is bound by the allegations of his petition.
Read the full summary
Appeal from Cass Circuit Court. — Ron. Wm. L. Ja-rrott, Judge.. (1) The law is well settled in this State that pleadings shall be strictly construed against the pleader. Snyder v. Free, 114 Mo. 367; Overton v. Overton, 131 Mo. 566; Young y. Schofield, 132 Mo. 661; Bales v. Bennington, 141 Mo. 581; Sidway v. Railway, 163 Mo. 372. (2) It is equally true that the plaintiff is bound by the allegations of his petition. Bruce v. Sims, 34 Mo. 251; Speck v. Riggins, 40 Mo. 406; Bank v. Armstrong, 62 Mo. 65; Chapman v. Callahan, 66 Mo. 312; Dorman v. Publishing Co., 70 Mo. 175; Kuhn v. Weil, 73 Mo.…
1Opinion of the CourtSmith, P. J.
The petition is in three counts, in the first of. which it is stated that the plaintiff was the owner and entitled to the possession of eight mules which were shipped by A. F. Hord from Harrisonville and consigned to McFarlane-Evans Co., East St. Louis, and by that company sold and the proceeds arising from such sale, amounting to $950, were received by defendant, an incorporated bank, located at Garden City, in Cass county; that the defendant knew at the time of the receipt of such proceeds that the plaintiff was entitled thereto and that the plaintiff had demanded of defendant the payment…
2Cases cited9 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Clements v. YeatesSupreme Court of Missouri · 1879
- First National Bank v. American National BankSupreme Court of Missouri · 1903
- City of Goodland v. Bank of DarlingtonMissouri Court of Appeals · 1898
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- White v. MulvaniaSupreme Court of Missouri · 1978
- Straube v. Bowling Green Gas Co.Supreme Court of Missouri · 1950
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
- Central Manufacturing Co. v. MontgomeryMissouri Court of Appeals · 1910
7 more not listed; retrieve them via the Exa API.