McLeland v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. ... . Frcmklin Ferriss, Judge. (1) The court erred in sustaining the plaintiff’s motion to strike out the third paragraph of defendant’s answer. The act of the Legislature (Sess. Acts 1901, p. 46) so far changes the common law rulé that assignments of part of a claim for damages may be made.
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Appeal from St. Louis City Circuit Court. — How. ... . Frcmklin Ferriss, Judge. (1) The court erred in sustaining the plaintiff’s motion to strike out the third paragraph of defendant’s answer. The act of the Legislature (Sess. Acts 1901, p. 46) so far changes the common law rulé that assignments of part of a claim for damages may be made. When made, as alleged in the paragraph of the answer stricken out by the court, the party to whom the assignment is made becomes so identified with the plaintiff as a party in interest that the attorney to whom the assignment is made must secure the costs,…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).
—1. The first contention of appellant is that the lower court erred in its ruling that the assignment of an interest in plaintiff’s cause of action to her counsel, as pleaded, constituted no defense to the action. The legislation creating a lien in favor of the attorney upon the client’s cause of action (Acts, 1901, p. 46), which was the subject of interpretation lately in this court (Young v. Renshaw, 102 Mo. App. 173), is not herein involved, for the conditions precedent to, perfecting such lien imposed by the act of the Legislature are not averred to have…
2Cases cited6 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Young v. RenshawMissouri Court of Appeals · 1903
- Alexander v. Grand Avenue Railway Co.Missouri Court of Appeals · 1893
- Feil v. Wabash R. Co.U.S. Circuit Court for the District of Eastern Missouri · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Travelers Indemnity Company v. ChumbleyMissouri Court of Appeals · 1965
- Marks v. Hardware Dealers Mutual Fire Insurance Co.Missouri Court of Appeals · 1967
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Subscribers at Casualty Reciprocal Exchange Ex Rel. Dodson v. Kansas City Public Service Co.Missouri Court of Appeals · 1936
- Huey v. MeekMissouri Court of Appeals · 2013
2 more not listed; retrieve them via the Exa API.