Corby v. Taylor
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. Corby, as administrator of Flaherty, commenced in the Buchanan Court of Common Pleas three suits.
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Appeal from Buchanan Court of Common Pleas. Corby, as administrator of Flaherty, commenced in the Buchanan Court of Common Pleas three suits. One suit was commenced against defendant Taylor and one Grant, founded upon an account, in which suit Grant was not served with process, nor did he ever appear to the action ; a second suit was commenced against defendant Taylor, founded upon two promissory notes executed by him to Flaherty, the deceased; and a third suit against defendant Taylor, founded upon an account against him in favor of said deceased in his lifetime. The last two suits have been…
1Opinion of the CourtDeyden, Judge
As we understand the pleadings and admissions of the parties in this case, the demand of Taylor against Flaherty was not the sum of numerous items growing out of one single contract, but, as a whole, consisted of items of numerous distinct transactions. With this understanding of the facts, in our view of the law arising thereon, we are obliged to affirm the judgment of the Common Pleas. The authorities all agree that where the demand is an entirety, although consisting of several items, if judgment be recovered for a part of it, the judgment is a bar to an action for the remainder; but as in…
2Cases cited3 opinions
- Miller v. CovertNew York Supreme Court · 1828
- Smith v. JonesNew York Supreme Court · 1818
- Wagner v. JacobySupreme Court of Missouri · 1858
3Cited by14 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
- Central Trust Co. v. Chicago, K. & T. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1893
- Laine v. FrancisMissouri Court of Appeals · 1884
- See v. SeeSupreme Court of Missouri · 1922
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