Frumberg v. Haderlein
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. Charles H. Franck was not a proper or necessary party, either plaintiff or defendant. R. S. 1909, secs. 1729, 1731, 1732, 1733; State ex rel. v. Bradley, 193 Mo. 33; Graham v. Ringo, 67 Mo. 324; Hazeltine v, Messmore, 184 Mo. 314; 15 Ency. PI. & Pr. 735. The declaration of law was properly given. Under the contract sued upon, appellant and Franck are joint obligees, and both are necessary parties plaintiff.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. Charles H. Franck was not a proper or necessary party, either plaintiff or defendant. R. S. 1909, secs. 1729, 1731, 1732, 1733; State ex rel. v. Bradley, 193 Mo. 33; Graham v. Ringo, 67 Mo. 324; Hazeltine v, Messmore, 184 Mo. 314; 15 Ency. PI. & Pr. 735. The declaration of law was properly given. Under the contract sued upon, appellant and Franck are joint obligees, and both are necessary parties plaintiff. Wells v. Gaty, 9 Mo. 565; Clark v. .Cable, 21 Mo. 223; Rainey v. Smizer, 28 Mo. 310; Dewey y. Carey, 60 Mo. 224; Henry…
1Opinion of the CourtReynolds, P. J.
Plaintiff, appellant here, instituted this action before a justice of the peace, against the respondent Haderlein and one Charles H. Franck, filing a statement with the justice, to recover $250 alleged to be due him under a contract hereafter referred to. Plaintiff dismissed as to defendant Franck before the justice and judgment was rendered against Haderlein, from which the latter appealed to the circuit court where the cause was tried before the court, a jury being waived, on an agreed statement of facts. ,
It appears by this statement that the basis of the action was the following writing:
“R…
2Cases cited4 opinions
- State ex rel. Jackson v. BradleySupreme Court of Missouri · 1906
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Welles v. GatySupreme Court of Missouri · 1845
- State ex rel. Glass v. BeasleyMissouri Court of Appeals · 1894
3Cited by5 opinions
- Estate of Lenhardt v. LenhardtMissouri Court of Appeals · 1959
- Peters v. McDonoughSupreme Court of Missouri · 1931
- McAtee v. GreensponMissouri Court of Appeals · 1969
- Townsend v. RoofMissouri Court of Appeals · 1922
- Long Ex Rel. Dunn v. RobinsonMissouri Court of Appeals · 1926