Glendale Lumber Co. v. Beekman Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. ■ ■ George H. Williams, Judge. (1) Defendant’s demurrer, wbicb was- a general demurrer, should not have been sustained, as in order to take advantage of any defect of capacity to sue, same must be done by a special demurrer. Bliss on Code Pleadings (3 Ed.), sec. 409a, pp. 621-622, and sec. 408, p. 620; Baxter v. Transit Co., 198 Mo. 1; Randolph v. Railroad, 18 Mo.
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Appeal from St. Louis City Circuit Court. — lion. ■ ■ George H. Williams, Judge. (1) Defendant’s demurrer, wbicb was- a general demurrer, should not have been sustained, as in order to take advantage of any defect of capacity to sue, same must be done by a special demurrer. Bliss on Code Pleadings (3 Ed.), sec. 409a, pp. 621-622, and sec. 408, p. 620; Baxter v. Transit Co., 198 Mo. 1; Randolph v. Railroad, 18 Mo. App. 613; Emmerich Co. v. Sloane, 95 N. Y. Snpp. 39; Sanborn v. Hale, 11 N. W. (Iowa) 302; Soule v. Thealander, 17 N. W. (Minn.) 373; Portland Co. v. Halí, 95 N. Y. Supp. 36; Eire…
1Opinion of the CourtGray, J.
The parties to this suit are corporations. organized under the laws of this state. The plaintiff’s cause of action is based on an account assigned to it by one John B. Christensen. The petition alleges that the defendant- corporation became indebted to Christensen, an attorney at law, for legal services rendered at the request of the defendant, in the sum of five hundred dollars, and that said Christensen, for value received, assigned, transferred and sold the account to the plaintiff, and that the same is due and unpaid.
The petition further alleges.that at all times mentioned therein, the…
2Cases cited6 opinions
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Hendricks v. CallowaySupreme Court of Missouri · 1908
- Young Men's Christian Ass'n v. DubachSupreme Court of Missouri · 1884
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
- Williams v. VerityMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
- Hicks v. National Surety Co.Missouri Court of Appeals · 1913
- Colliseum Athletic Assn. v. DillonMissouri Court of Appeals · 1920
- Peak v. International Harvester Co. of AmericaMissouri Court of Appeals · 1916
- Coale v. Grady Bros. Siding & Remodeling, Inc.Missouri Court of Appeals · 1993
1 more not listed; retrieve them via the Exa API.