Steinbach v. Murphy
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. Where a plaintiff has elected one of two remedies for the enforcement of a right, and such action is barred by the statute, he is bound by his election, and cannot ' thereafter resort to the other remedy for which a different limitation is provided. 25 Cyc. 999; Garrett v. Conklin, 52 Mo. App. 654; McCormick v. Kaye, 41 Mo. App. 263; Mortimer y. Railroad, 10 Bush (Ky.) 485; Christy y.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. Where a plaintiff has elected one of two remedies for the enforcement of a right, and such action is barred by the statute, he is bound by his election, and cannot ' thereafter resort to the other remedy for which a different limitation is provided. 25 Cyc. 999; Garrett v. Conklin, 52 Mo. App. 654; McCormick v. Kaye, 41 Mo. App. 263; Mortimer y. Railroad, 10 Bush (Ky.) 485; Christy y. Farlin, 49 Mich. 319, 13 N. W. 607; Reeyes v. Nye, 28 Neb. 571, 44 N. W. 736; Lapham y. Briggs, 27 Vt. 26; Smith v. Newby, 13 Mo. 159; Wells y. Halpin,…
1Opinion of the CourtCox, J.
Action for an accounting and settlement of partnership, and for recovery of moneys alleged to be due plaintiff thereunder. Trial by court, judgment for plaintiff for $4747.52, and defendants have appealed. This is a companion case to the case of Beller v. Murphy, et al., 139 Mo. App. 663, 123 S. W. 1029, decided' by this court, and the facts in this ease are the same as the facts in that case, and the legal questions involved in this case are the same as in that with one addition only. In this case, the record shows that plaintiff, at one time, brought suit against the same defendants…
2Cases cited6 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
- Lapp v. RyanMissouri Court of Appeals · 1886
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mann v. Bank of GreenfieldSupreme Court of Missouri · 1929
- Massachusetts Bonding & Insurance v. Ripley County BankMissouri Court of Appeals · 1921
- Reynolds v. Union Station BankMissouri Court of Appeals · 1918
- Smith v. BeckerMissouri Court of Appeals · 1916
- Baird v. Erie RailroadNew York Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.