Dewey v. Carey
Supreme Court of Missouri
Error to Linn Circuit Court. I. Tiie plaintiff had a right to sue alone. There was no defect of parties plaintiff. The petition shows that the damages claimed by the plaintiff were sustained by him, and not as to any part thereof by Price or Leroy D. Dewey. In such case it is unnecessary to join all the obligees as plaintiffs.
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Error to Linn Circuit Court. I. Tiie plaintiff had a right to sue alone. There was no defect of parties plaintiff. The petition shows that the damages claimed by the plaintiff were sustained by him, and not as to any part thereof by Price or Leroy D. Dewey. In such case it is unnecessary to join all the obligees as plaintiffs. (High Inj., p. 558, § 963; Sturges vs. Knapp, 33 Yt., 486; Hill Inj., p. 76, § 26; citing Prader vs. Purkett, 13 Cal., 588.) I. There was a defect of parties plaintiff apparent on the face of the petition. The bond given by Carey to Thomas D. Price, L. D. Dewey and…
1Opinion of the Court
Wagner, J’udge,
delivered the opinion of the court.
The petition alleges that defendant instituted a suit by injunction against Thos. D. Price, Leroy D. Dewey and the plaintiff, and that upon his executing a bond to them a temporary injunction was granted; that upon a hearing of the cause the injunction was dissolved and the petition dismissed; but no assessment of damages was had at the time of the dissolution. This action is now instituted by the plaintiff alone on the bond to recover damages for alleged breaches.
A demurrer was sustained to the petition because the other obligees in the bond…
2Cases cited3 opinions
- Robbins v. AyresSupreme Court of Missouri · 1847
- Clark v. CableSupreme Court of Missouri · 1855
- Welles v. GatySupreme Court of Missouri · 1845
3Cited by8 opinions
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
- Peters v. McDonoughSupreme Court of Missouri · 1931
- Culver v. SmithMissouri Court of Appeals · 1900
- White v. DyerMissouri Court of Appeals · 1899
- Daugherty v. Robert Burgess & SonMissouri Court of Appeals · 1906
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