Ferguson v. Paschall
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. Statement of the Case. William Taylor anil Alexander Ferguson filed their original bill in the St. Louis Circuit Court, setting forth that Nathaniel Paschall on the 4th November 1839, made to Win. Taylor his note for $1500 payable sixty days after date — that this money belonged to Tayler & Ferguson jointly, and the note was their joint property.
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APPEAL from St. Louis Circuit Court. Statement of the Case. William Taylor anil Alexander Ferguson filed their original bill in the St. Louis Circuit Court, setting forth that Nathaniel Paschall on the 4th November 1839, made to Win. Taylor his note for $1500 payable sixty days after date — that this money belonged to Tayler & Ferguson jointly, and the note was their joint property. That to secure the payment of said note, Paschall delivered to Taylor & Ferguson a certificate for ten shares of the capital stock of the St. Louis Insurance Company, on each share of which $59 had been paid —…
1Opinion of the CourtScott, J.
If this bill is not multifarious, it is hard to conceive a ease in which that objection would lie- The stock of various companies_was sold at diflerent times to several purchasers, and a claimant of the stock sold, seeks to litgiate these distinct interests in one and the same -suit. The multifariousness is two fold; first, as to the several companies, and secondly, as to the different purchasers of the stock. The principle of allowing a plaintiff to bring many defendants before the court, is, that.lie *270claims one common right against all, and therefore the court allows him to bring all…
2Cited by4 opinions
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Peniston v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1911
- Chaput v. BockSupreme Court of Missouri · 1909
- Pattison v. SkillmanNew Jersey Court of Chancery · 1881