Salmon Falls Bank v. Leyser
Supreme Court of Missouri
Appeal from Pettis Circicit Cotvrt. — Hon. Richard-Field, Judge. (1) The objection to the introduction of any evidence upon the ground that the petition did not state facts sufficient to constitute a cause of action should have been sustained.
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Appeal from Pettis Circicit Cotvrt. — Hon. Richard-Field, Judge. (1) The objection to the introduction of any evidence upon the ground that the petition did not state facts sufficient to constitute a cause of action should have been sustained. Burnside v. Fetmer/ 63 Mo. 107; Sheldon on Subrogation [1 Ed.], secs. 188, 160, 161,. 162; Scott v. Roberts, 67 Mo. 293; Los Angeles v. Signoret, 50 Cal. 298; Lambert v. Haslcell, 80 Cal. 611; Bliss on Code Pleading [1 Ed.] rule 2, p.282; Ibid. sec. 318. (2) There is no privity of contract between the plaintiff and the defendants; and no consideration…
1Opinion of the Court
Bubgess, j.
—On the twenty-first day of February, 1884, there were two principal hotels in Sedalia, one called the “Sicher Hotel,” operated by Sicher Bros., who owned the furniture therein and leased the building from Henry Leyser; the other called the “Garrison House”, and operated by George T. Brown. On that date Sicher Bros, sold their hotel property to Brown. The terms of the agreement were that on the fifteenth day of March, following, Sicher Bros, would execute a bill of sale to Brown of the Sicher Hotel furniture and appurtenances, including the good will of the business. That they…
2Cases cited31 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- In re NegusNew York Supreme Court · 1832
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- Darling v. PeckOhio Supreme Court · 1846
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