St. Charles Savings Bank v. Edwards
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Hugo Muench, Judge. (1) The court permitted the plaintiff during the trial to amend its petition, so as to substitute new causes of action in lieu of the one at first declared upon, and to recover upon causes of action not declared upon in its petition.
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Appeal from St. Louis City Circuit Court. — Row. Hugo Muench, Judge. (1) The court permitted the plaintiff during the trial to amend its petition, so as to substitute new causes of action in lieu of the one at first declared upon, and to recover upon causes of action not declared upon in its petition. A change by amending the petition from a suit against a partnership to a suit against individuals is a substitution of a new cause of action, and to permit a recovery against individuals in a suit against a partnership is to allow a recovery on a cause of action not pleaded. Sears v. Mortgage…
1Opinion of the CourtFerriss, J.
This controversy arises upon the following facts, which are not substantially controverted :
The plaintiff is a banking institution, located at St. Charles, Missouri. Prom 1890 to 1904 its cashier was one A. P. Mispagel. The appellants, during the year 1903, were engaged in St. Louis in- the grain and stock brokerage business as partners under the firm name of A. G. Edwards & Sons. Prom February 12-, 1903, to November 25, 1903, Mispagel was dealing in stocks and grain on open account with appellants’ firm. Prom time to time, upon request from appellants, Mispagel sent them remittances to apply…
2Cases cited9 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Anderson v. KissamU.S. Circuit Court for the District of Southern New York · 1888
- Lee v. SmithSupreme Court of Missouri · 1884
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3Cited by33 opinions
- Federal Savings & Loan Ins. Corp. v. Kearney Trust Co.Court of Appeals for the Eighth Circuit · 1945
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- American National Bank v. KerleyOregon Supreme Court · 1923
- Merchants' National Bank v. SmithMontana Supreme Court · 1921
- Pemiscot County Bank v. Central-State Nat. BankTennessee Supreme Court · 1915
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