Sonnenfeld v. Rosenthal
Supreme Court of Missouri
Appeal from St. Louis' -City ' Circuit Court — Hon, 'Robert \M. Foster, Judge. (1) A suit cannot be instituted on one cause of action, and a recovery bad on another. Butcher v. Death, 15 Mo. 271; Clements v. Yeates, 69 Mo. 623; 'Stix v.' Matthews, 75 Mo. 96; Comm.
Read the full summary
Appeal from St. Louis' -City ' Circuit Court — Hon, 'Robert \M. Foster, Judge. (1) A suit cannot be instituted on one cause of action, and a recovery bad on another. Butcher v. Death, 15 Mo. 271; Clements v. Yeates, 69 Mo. 623; 'Stix v.' Matthews, 75 Mo. 96; Comm. Co. v. Bank, 116 Mo. 558; Construction Co. v. Iron Works, 169 Mo. 137. The court having found the only contract was that of January 3,1891, for $11,573.74, erred in rendering a^ judgment for plaintiff on a petition which counted upon a contract of February, 1892, for $16,-648.86. (2) The granting of leave to amend a petition when…
1Opinion of the CourtBrown, P. J.
Civil action in the circuit court of St. Louis City for money'loaned. Judgment for plaintiff. Defendant .appeals.
On September 1,1902, plaintiff instituted this suit, against defendant on the-following causes of action: One promissory note for $900 dated November 10, 1894; one promissory note for $750 dated October 18, 1891; and also for money due her under á contract, which is described in her third amended petition as follows:
“That on or about February, 1892, plaintiff and . defendant entered into a written contract, and in that contract the defendant acknowledged he was indebted to the…
2Cases cited12 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Smith v. BaerSupreme Court of Missouri · 1902
- Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Oakley v. RichardsSupreme Court of Missouri · 1918
- Smith v. Harbison-Walker Refractories Co.Supreme Court of Missouri · 1937
- Nall v. BrennanSupreme Court of Missouri · 1930
- Campbell v. WebbSupreme Court of Missouri · 1947
- Novak v. BaumannSupreme Court of Missouri · 1959
7 more not listed; retrieve them via the Exa API.