McKee v. Rudd
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Frank P. Walsh, Special Judge. (1) The court erred in compelling Wear to answer to the amended petition. The petition does not state a cause of action. Pier v. Heinrichoffen, 52 Mo. 333; Gamage v. Bushel!, 1 Mo. App. 418 ; Sid-way v. Mo. Land & L. S. Co., 163 Mo. 374; Hoester v. Sammelman, .101 Mo. 624. (2) The court erred in overruling the objection to the introduction of any testimony under the amended petition.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. Frank P. Walsh, Special Judge. (1) The court erred in compelling Wear to answer to the amended petition. The petition does not state a cause of action. Pier v. Heinrichoffen, 52 Mo. 333; Gamage v. Bushel!, 1 Mo. App. 418 ; Sid-way v. Mo. Land & L. S. Co., 163 Mo. 374; Hoester v. Sammelman, .101 Mo. 624. (2) The court erred in overruling the objection to the introduction of any testimony under the amended petition. The amended petition does not state facts sufficient to entitle plaintiff to any relief. Jones v. Steel, 36 Mo. 324; R. S. 1899, sec. 602;…
1Opinion of the CourtGraves, J.
Defendants were the incorporators of a Missouri business corporation styled the American Sand & Supply Company. Defendant Rudd had filed application in the U. S. Patent Office for letters-patent for a certain mechanical device and process by which to remove sand from a river and load the same on to cars. To demonstrate the feasibility of his invention and pending his application for patents thereon, he contracted to build a plant at Tokepa, Kansas,, for the Kaw River Sand Company, equipped with his invention or device for the price and sum of $10,000. Rudd seems to have had no means, and he…
2Cases cited8 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Hunnewell v. DuxburyMassachusetts Supreme Judicial Court · 1891
- Bradley v. PooleMassachusetts Supreme Judicial Court · 1867
- Steam Stone Cutter Co. v. ScottSupreme Court of Missouri · 1900
- Hunnewell v. DuxburyMassachusetts Supreme Judicial Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Flum v. StateIndiana Supreme Court · 1923
- Jeck v. O'MearaSupreme Court of Missouri · 1938
- Liggett v. LevySupreme Court of Missouri · 1911
- Newman v. LymanCourt of Appeals of Texas · 1914
- Brown v. SiemensOregon Supreme Court · 1926
12 more not listed; retrieve them via the Exa API.