Laughlin v. Laughlin
Supreme Court of Missouri
Appeal from St. Louis Circuit Court.—Hon. John W. McElhinney, Judge. (1) Tlie trial court erred in finding’ for respondent on the first count of the petition, by applying the Statute of Limitations to appellants ’ side of an account that ran to June 18, 1914, when suit was filed on October 22,1937, because the acount began as far back as January 1, 1878, when it was shown .to be a continuous account from 1878 to 1914, and was so treated by both parties in their…
Read the full summary
Appeal from St. Louis Circuit Court.—Hon. John W. McElhinney, Judge. (1) Tlie trial court erred in finding’ for respondent on the first count of the petition, by applying the Statute of Limitations to appellants ’ side of an account that ran to June 18, 1914, when suit was filed on October 22,1937, because the acount began as far back as January 1, 1878, when it was shown .to be a continuous account from 1878 to 1914, and was so treated by both parties in their correspondence and agreement to arbitrate up to the year 1917. Chadwick v. Chadwick, 115 Mo. 581; Ring v. Jamison, 66 Mo 424; Bank v.…
1Opinion of the Court
The petition, filed in 1917, is in two counts. The first count is at law for a balance of $20,404, due on open and running account, extending from January, 1878, to June, 1914. The second is a count in equity, for an accounting for 20 shares of stock of the face value of $2,000 in a coal company, which stock plaintiff loaned to defendant in 1883; also for the proceeds from the sale of two tracts of land in St. Clair County, Missouri, which defendant acquired title to in 1883 and held in trust for plaintiff.
The defense to both counts was a general denial, the five and ten-year Statutes of…
2Cases cited7 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Hanson v. HansonNebraska Supreme Court · 1907
- Leahey v. WitteSupreme Court of Missouri · 1894
- Richardson v. ChampionSupreme Court of Missouri · 1898
- Orr v. WilmarthSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Stephenson v. StephensonSupreme Court of Missouri · 1943
- Poling v. MoitraSupreme Court of Missouri · 1986
- Cunningham v. KinnerkMissouri Court of Appeals · 1934
- Thierry v. ThierrySupreme Court of Missouri · 1923
6 more not listed; retrieve them via the Exa API.