Todd v. Crutsinger
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Hon. William W. Edwards, Judge. Under the pleadings and admitted facts in this case the plaintiff Todd should not have been allowed to have Long substituted, for there was no proper case for recovery. Buffington v. Land Qo., 25 Mo. App. 492. The special finding of the jury must prevail over the general verdict opposed thereto. Rand ©.. Grubb, 26 Mo.
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Appeal from the St. Louis County Circuit Court, Hon. William W. Edwards, Judge. Under the pleadings and admitted facts in this case the plaintiff Todd should not have been allowed to have Long substituted, for there was no proper case for recovery. Buffington v. Land Qo., 25 Mo. App. 492. The special finding of the jury must prevail over the general verdict opposed thereto. Rand ©.. Grubb, 26 Mo. App. 592. In this case the finding of the jury on the first special issue is fatally opposed to their verdict, to the effect that' Crutsinger did not pay value for the nóte which plaintiff proved he…
1Opinion of the CourtThompson, J.
This action was commenced by a subcontractor to recover a judgment against a principal contractor for furnishing certain stones for the erection of a railway bridge, and to enforce a mechanic’s lien therefor. The railway company paid into court more than enough money to cover the plaintiffs’ demand, and the plaintiffs had a verdict and judgment therefor, from which the defendant Crutsinger, the principal contractor, pros-ecutes this appeal.
The errors assigned are: (1) That the court, after answer filed, improperly allowed William A. Long to be added as a co-plaintiff. It appears that this was…
2Cases cited3 opinions
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Reppy v. ReppySupreme Court of Missouri · 1870
- Michael v. St. Louis Mutual Fire InsuranceMissouri Court of Appeals · 1885
3Cited by7 opinions
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Northcutt v. McKibbenMissouri Court of Appeals · 1942
- Coquard v. PrendergastMissouri Court of Appeals · 1889
- Glenn v. ThompsonMissouri Court of Appeals · 1933
- Kansas City Hydraulic Press Brick Co. v. BarkerMissouri Court of Appeals · 1892
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