Kregain v. Blake
Supreme Court of Missouri
Appeal from St. Louis Circuit Court . — Hon.G. A. Wurdeman, Judge. (1) A party cannot sne npon one cause of action and recover upon another. He cannot sue upon a cause of action against A and recover against B. Faulkner v. Faulkner, 73 Mo. 33<5; Reed v. Bott, 100 Mo. 66; Clements v. Teates, 69- Mo. 625; Milliken v. Thyson Comm. Co., 202 Mo. 654; Roden v. Helm, 192 Mo. 94. (2) Duplicate original letters are admissible in evidence same as the original.
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Appeal from St. Louis Circuit Court . — Hon.G. A. Wurdeman, Judge. (1) A party cannot sne npon one cause of action and recover upon another. He cannot sue upon a cause of action against A and recover against B. Faulkner v. Faulkner, 73 Mo. 33<5; Reed v. Bott, 100 Mo. 66; Clements v. Teates, 69- Mo. 625; Milliken v. Thyson Comm. Co., 202 Mo. 654; Roden v. Helm, 192 Mo. 94. (2) Duplicate original letters are admissible in evidence same as the original. Bond v. Sandford, 134 Mo. App. 484; Lesehen v. Brazelle, 164 Mo. App. 417; Whit-taker v. Bell Oil Co., 182 Mo. App. 238. (3) (a) Any evidence is…
1Opinion of the CourtElder, J.
This is an action in equity seeking to divest defendants (appellants herein) of title to a tract of land in St. Louis County and to have the same vested in plaintiff; also for an accounting between the parties. One John S. Blake was originally named as a defendant, but on the day of the trial the suit was dismissed as to him, it appearing that he was deceased.
The amended petition of plaintiff alleges that defendants are engaged in the real estate business in the city of St. Louis; that for a long time prior to December 30, 1918, plaintiff had been a client or customer of defendants James P.…
2Cases cited19 opinions
- Grumley v. WebbSupreme Court of Missouri · 1869
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Mechanics' Bank v. SchaumburgSupreme Court of Missouri · 1866
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cubley v. BarbeeTexas Supreme Court · 1934
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Toler v. GoodinSupreme Court of Georgia · 1946
- Niehaus v. MaddenSupreme Court of Missouri · 1941
- Drake v. DrakeSupreme Court of Missouri · 1931
29 more not listed; retrieve them via the Exa API.