Thompson v. Mosely
Supreme Court of Missouri
- Appeal from Andrew Circuit Cowrt. This, as originally instituted, was a suit against Robert C. Mosely by William N. Thompson and eleven others, including Sinclair K. Miller and Benjamin E. McCart.
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- Appeal from Andrew Circuit Cowrt. This, as originally instituted, was a suit against Robert C. Mosely by William N. Thompson and eleven others, including Sinclair K. Miller and Benjamin E. McCart. The plaintiffs alleged that on the 6th March, 1858, they became securities of defendant Mosely and one A. M. Mitchell on five several promissory notes for $1,000 each, bearing date said March 6, 1858, and payable sis months after date to one John Gooding; that said Mosely and Mitchell failing to pay said notes, the plaintiffs had the same tó pay to the parties to whom they were assigned. They…
1Opinion of the CourtEwiNG, Judge
The questions in this case arise upon the action of the court in overruling appellants’ motion to strike out all the names of the parties plaintiff except Miller and McCart; and in sustaining the demurrer to the amended petition.
Under the amended petition filed by the plaintiffs — who are appellants — it is very evident that the only real parties to the action, or the only parties who show any cause of action against the defendants, are the plaintiffs Miller and McCart. The petition does not pretend to allege any claim or cause of action in favor of the other parties ; and their only…
2Cited by3 opinions
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Jackson v. BowlesSupreme Court of Missouri · 1878
- Harkness v. JulianSupreme Court of Missouri · 1873