Legal Opinion

Bryant v. Hawkins

Supreme Court of Missouri

Decided March 15, 1871PublishedCited by 6 opinions

Appeal from, St. Louis Circuit Court. In this case the suit is not brought against the firm. Hawkins alone is sued. There is no proof that he ever collected the money. Therefore the respondents failed to make out their cause of action. (Cummins v. McLean, 2 Ark. 402; Fraser v. Roberts, 32 Mo. 461; 2 Tidd’s Pr. 919; 11 Wend. 374; Andrews v. Lynch, 27 Mo. 167; Welch v. Bryan, 28 Mo. 30 ; Syme v. Str. Indiana, 28 Mo. 335; 2 Wagn.

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Appeal from, St. Louis Circuit Court. In this case the suit is not brought against the firm. Hawkins alone is sued. There is no proof that he ever collected the money. Therefore the respondents failed to make out their cause of action. (Cummins v. McLean, 2 Ark. 402; Fraser v. Roberts, 32 Mo. 461; 2 Tidd’s Pr. 919; 11 Wend. 374; Andrews v. Lynch, 27 Mo. 167; Welch v. Bryan, 28 Mo. 30 ; Syme v. Str. Indiana, 28 Mo. 335; 2 Wagn. Stat. 1058, § 1; Beck v. Ferrara, 19 Mo. 30 ; Link v. Yaughan, 17 Mo. 585; Butcher v. Death & Teasdale, 15 Mo. 271; Jones v. Londerman, 39 Mo. 287.) Can plaintiff…

1Opinion of the CourtWagner, Judge

This was an action to recover of defendant money which it is charged he collected as an attorney at law for plaintiffs upon two certain notes against one John H. Stokes. The case shows that defendant, in connection with one Moore, constituted' a law firm at Cape Girardeau under the name and style of Moore & Hawkins, and, as such, they received the notes of the plaintiffs for collection and gave a receipt therefor in the name of the firm. Suit was instituted upon the notes and duly prosecuted to judgment. Execution was issued upon the judgment and the money made by the sheriff. Moore & Hawkins…

2Cited by6 opinions

  1. Official Committee of Unsecured Creditors Ex Rel. Summit Airlines, Inc. v. Ganz (In Re Summit Airlines, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993
  2. Knox County Savings Bank v. CotteySupreme Court of Missouri · 1879
  3. Thompson Ex Rel. Thompson v. GilmoreMissouri Court of Appeals · 1994
  4. Powell v. RobertsMissouri Court of Appeals · 1906
  5. McLean v. McAllisterMissouri Court of Appeals · 1888

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