Lavelle v. Belliu
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Non. James N. Slover, Judge. (1) The petition fails to state a cause of action because : (a) The petition shows upon its face that plaintiff is not a mere stakeholder; and fails to allege that plaintiff is likely to be vexed by two or more suits by two or more different parties, going on at the same time, (b) The petition shows upon its face that plaintiff received the property in controversy as the agent of appellant, and the relation of…
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Appeal from Jackson Circuit Court. — Non. James N. Slover, Judge. (1) The petition fails to state a cause of action because : (a) The petition shows upon its face that plaintiff is not a mere stakeholder; and fails to allege that plaintiff is likely to be vexed by two or more suits by two or more different parties, going on at the same time, (b) The petition shows upon its face that plaintiff received the property in controversy as the agent of appellant, and the relation of principal and agent existed between plaintiff and appellant at the commencement of this suit, (c) The petition shows…
1Opinion of the CourtBboaddus, P. J.
As the case is to be disposed: of on the record proper, it becomes necessary- to state the contents of the pleadings and the orders and judgment of the court.
The petition of plaintiff alleges that on or about the 20th day of October, 1904, the defendant represented to plaintiff that on said day he had found in the city of Independence a five-hundred-dollar bill of the currency of the United States; that defendant gave the bill to plaintiff with the request that he ascertain whether it was genuine or counterfeit; that prior thereto the bill had been presented by defendant’s father to a meat…
2Cases cited7 opinions
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Sovereign Camp Woodmen of the World v. WoodMissouri Court of Appeals · 1903
- Arn v. ArnMissouri Court of Appeals · 1899
- State ex rel. Mulvihill v. KumpffMissouri Court of Appeals · 1895
- Supreme Council of the Legion of Honor v. PalmerMissouri Court of Appeals · 1904
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3Cited by2 opinions
- Moore Co., Inc. v. J.S. McConkeyMissouri Court of Appeals · 1947
- Abasi Bros. v. Louisville & N. R.Mississippi Supreme Court · 1917