Morrison Manufacturing Co. v. Roach
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Ho». John P. Butler, Judge. If plaintiff’s original petition had not been dismissed, its replication and counterclaim would probably not have authorized the recovery of judgment against defendants but would have only extinguished their demand.
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Appeal from Sullivan Circuit Court. — Ho». John P. Butler, Judge. If plaintiff’s original petition had not been dismissed, its replication and counterclaim would probably not have authorized the recovery of judgment against defendants but would have only extinguished their demand. Pattison’s ‘ ‘ Missouri Code Pleading, ’ ’ sec. 766; Coombs Co. v. Block, 130 Mo. 668. (1) Plaintiff can not recover on a canse of action which is stated only in his reply, and not stated in his original petition. Pattison’s “Missouri Gode Pleading,” p. 394, sec. 763; Crawford v. Spencer, 36 Mo. App. 78; Stepp v.…
1Opinion of the CourtEllison, J.
Plaintiff sued defendants in two counts on two promissory notes, one for $149.30 and the other for $587.46. Defendants had made an assignment prior to the institution of the suit and plaintiff had presented and had both notes allowed by the assignee, thus merging them into judgments.' Defendants answered plaintiff’s petition admitting the execution of the notes, but setting the allowance and merger as in bar of an action on the notes themselves. They further answered by setting-up that they had delivered certain valuable collateral to plaintiff with the notes. That enough of them had been…
2Cases cited8 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Lovell v. DavisMissouri Court of Appeals · 1893
- Ensor v. SmithMissouri Court of Appeals · 1894
- Crawford v. SpencerMissouri Court of Appeals · 1889
- Gray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Clark Real Estate Co. v. Old Trails Investment Co.Supreme Court of Missouri · 1934
- Meehan v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Roney v. OrganMissouri Court of Appeals · 1913