National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) A petition based on an unmatured demand does not state a cause of action. Heard v. Eitchey, 112 Mo. 519; Mason v. Barnard, 36 Mo. 391; Brown v. Shock, 27 Mo. App. 355; Duryee v. Turner, 20 Mo. App. 36; Boatmen’s Sav. Bk. v. McMenany, 35 Mo. App. 198, 206. “The objection that the petition fails to state facts sufficient to constitute a cause of action, is never waived.
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) A petition based on an unmatured demand does not state a cause of action. Heard v. Eitchey, 112 Mo. 519; Mason v. Barnard, 36 Mo. 391; Brown v. Shock, 27 Mo. App. 355; Duryee v. Turner, 20 Mo. App. 36; Boatmen’s Sav. Bk. v. McMenany, 35 Mo. App. 198, 206. “The objection that the petition fails to state facts sufficient to constitute a cause of action, is never waived. Such defect in the petition is not cured by verdict or judgment.” Brown v. Shock, supra; Mason' v. Barnard, supra; Heard v. Eitchey, supra. (2) While…
1Opinion of the CourtFox, J.
The record before us in this cause discloses that this is an old case. The cause is now here upon appeal by the defendant from a judgment of the circuit court of the city of St. Louis. This action was instituted on October 25, 1890: The petition states in separate counts five causes of action. The first was upon a bill of exchange for $1,750, duly accepted by the defendant. The second was upon an account for goods sold and delivered for $58.59: The third was upon a bill of exchange for $448.98. The fourth was upon a promissory note for the sum of $1,969. The fifth was upon a bill of exchange…
2Cases cited16 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Noble v. BlountSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Winningham v. TruebloodSupreme Court of Missouri · 1899
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3Cited by9 opinions
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Carter v. ButlerSupreme Court of Missouri · 1915
- Sidwell v. KasterSupreme Court of Missouri · 1921
- State Ex Rel. Costco Wholesale Corp. v. HartenbachMissouri Court of Appeals · 2008
- In Re Robert K. Minto v. Dorothy H. MintoMissouri Court of Appeals · 1949
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