Mecartney v. Guardian Trust Co.
Supreme Court of Missouri
Appeal from. Jackson Circuit Court. — lion. Frank G. Johnson, Judge. (1) The judgment is excessive. Randall v. Kings-land, 53 How. Prac. 512 ; Litensdorfer v. King, 7 Colo. 436 ; Ex parte Plitt, 2 Wall, Jr. 453; Wright v. Livery Co., 59 S. W. (Tenn.) 677; Kingsbury v. Joseph, 94 Mo. App. 298'. (2) Interest is not recoverable on unliqui-dated demand.
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Appeal from. Jackson Circuit Court. — lion. Frank G. Johnson, Judge. (1) The judgment is excessive. Randall v. Kings-land, 53 How. Prac. 512 ; Litensdorfer v. King, 7 Colo. 436 ; Ex parte Plitt, 2 Wall, Jr. 453; Wright v. Livery Co., 59 S. W. (Tenn.) 677; Kingsbury v. Joseph, 94 Mo. App. 298'. (2) Interest is not recoverable on unliqui-dated demand. Trimble v. Railroad, 180- Mo. 574; Ma-comber v. Bigelow, 123 Cal. 532; Sec 5430, R. S. 1909; Dozier v. Jerman, 30 Mo. 216; McCormack v. Lynch, 69 Mo. App. 524. (3) Interest should not have been allowed from March 28, 1908. Secs. 5430', 7179, R. S.…
1Opinion of the Court
WHITE, C.
The plaintiff recovered judgment in the circuit court of Jackson County, for services rendered defendant, as attorney, and the defendant appealed.
The petition is in two counts; a third count was dismissed before trial. The recovery was on the first count for a balance of $79,860.57, and on the second count for a balance of $3,433.07, with interest from the date of filing the suit, March 28, 1908.
Plaintiff was employed by defendant December 6, 1904, and was discharged March 27, 1908. The services rendered for which compensation is demanded in the first count began with what was…
2Cases cited21 opinions
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1912
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1909
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- Veatch v. BlackSupreme Court of Missouri · 1952
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