Force v. Squier
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James Hibson, Judge. Plaintiffs ought to have proved the -cause of action sued on. In a suit brought on an account there can be no recovery where the proof shows a conversion. Plaintiffs can not sue upon one cause of action and recover upon another.
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Appeal from Jackson Circuit Court. — Hon. James Hibson, Judge. Plaintiffs ought to have proved the -cause of action sued on. In a suit brought on an account there can be no recovery where the proof shows a conversion. Plaintiffs can not sue upon one cause of action and recover upon another. Clements v. Yeates, 69 Mo. 623; Fnsworth v. Barton, 60 Mo. 511; Fyerman v. Cemetery Ass’n, 61 Mo. 489; Huston v. Scale Works, 56 Mo. 416; Bobinson v. Bice, 20 Mo. 229; Harrison v. Bail-road, 37 Mo. 307; Beck v. Ferrara, 19 Mo. 30; Link v. Vaughn, 17 Mo. 585; Duncan v. Fisher, 18Mo. 403; Carson v. Cummings,…
1Opinion of the CourtMacfarlane, J.
This suit was commenced before-a justice of the peace upon a cause of action stated as-follows:
“ J. J. Squier in Acc’t with
“Chas. E. Force and E. S. Stewart Dr.
“Nov. 4, To 45 loads screenings, at $1.75, ‘ $78.75.”
*309The case was appealed to the circuit court where it was tried upon the same account.
On the trial in the circuit court the evidence showed that plaintiffs were the owners of certain screenings, from crushing rock for macadam, which were taken by defendant and converted to his own use without their knowledge or consent. At the close of plaintiffs’ evidence, defendant demurred to its…
2Cases cited7 opinions
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Carson v. CummingsSupreme Court of Missouri · 1879
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Hale v. Van DeverSupreme Court of Missouri · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Seay v. SandersMissouri Court of Appeals · 1901
- Johnson v. KahnMissouri Court of Appeals · 1903
- Southern Traction Co. v. WilsonCourt of Appeals of Texas · 1916
- Glenn v. WearyMissouri Court of Appeals · 1896
- Calmes v. P. B. Haight & Co.Missouri Court of Appeals · 1900