E. H. Powers Shoe Co. v. Odd Fellows Hall Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) A petition to restrain the prosecution of an action at law and for relief against forfeiture is in the nature of a plea in confession and avoidance, and must allege that petitioner has done or failed to do something which resulted in a forfeiture at law, but that there exists a justifiable and equitable excuse for petitioner's conduct Unless the petition alleges both the forfeiture at law and…
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Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) A petition to restrain the prosecution of an action at law and for relief against forfeiture is in the nature of a plea in confession and avoidance, and must allege that petitioner has done or failed to do something which resulted in a forfeiture at law, but that there exists a justifiable and equitable excuse for petitioner's conduct Unless the petition alleges both the forfeiture at law and the facts relied upon as an excuse, it is without equity. Warne v. Wagenor, 15 Atl. 307; Gray v. Railway, 72 C. C. A. 301;…
1Opinion of the CourtGoode, J.
The E. H. Powers Shoe .Company is successor to the D. P. Kinsella Shoe Company by change of name. The Front Shoes Company is a corporation which was organized about September 9, 1906, for the purpose of acquiring the assets and business of the D. P. Kinsella Shoe Company and assuming its obligations. It did not do those things because of the refusal of the appellant, the Odd Fellows Hall Company, to consent *233to the transfer of a lease to be mentioned presently; and, in consequence of this refusal, the name of the Kinsella Company was changed to the E. H. Powers Shoe Company. Kinsella, who…
2Cases cited10 opinions
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- Garnhart v. FinneySupreme Court of Missouri · 1867
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- Biddle v. RamseySupreme Court of Missouri · 1873
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- Patterson v. CarrelMichigan Supreme Court · 1912
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