Legal Opinion

Fourth National Bank v. Scudder

Missouri Court of Appeals

Decided May 13, 1884PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court, Horner, J. The provision that the same cause of action, and no other, that was tried before the assignee shall be tried before the appellate court upon appeal, is mandatory. — Gist v. Loring-, 60 Mo. 487 ; Beattie v. Wealcley, 60 Mo.-72 ; Hansberger v. Railroad Go., 43 Mo. 196; Glarlc v. Smith, 39 Mo. 498. A party can not state one cause of action or defence and recover on a different one; he must stand upon the case made by the…

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Appeal from the St. Louis Circuit Court, Horner, J. The provision that the same cause of action, and no other, that was tried before the assignee shall be tried before the appellate court upon appeal, is mandatory. — Gist v. Loring-, 60 Mo. 487 ; Beattie v. Wealcley, 60 Mo.-72 ; Hansberger v. Railroad Go., 43 Mo. 196; Glarlc v. Smith, 39 Mo. 498. A party can not state one cause of action or defence and recover on a different one; he must stand upon the case made by the pleadings. — Weil v. Posten, 77 Mo, 287 ; Buffington v. Railroad Go., 64 Mo. 246. Audit is immaterial whether the assignee…

1Opinion of the CourtThompson, J.

■The respondent, on May 9, 1883, presented to the assignee for the benefit of creditors of M. Eisenstadt & Co., a claim amounting, after deducting credits, to the sum of about $16,000. The assignee rejected the claim, for the reason that good cause had not been shown for the failure to present it on the days appointed by him for the presentation of demands. The claimant appealed to the circuit court, and there, on a new hearing, the court allowed the demand. From this judgment, the assignee has appealed to this court. . No question is made in respect of the justness of this demand. It…

2Cited by1 opinion

  1. Powers v. HillMissouri Court of Appeals · 1887

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