Moffett v. Commerce Trust Company

HYDE, Judge.

Action for damages in the amount of two and one-half million dollars. Motion to dismiss plaintiff’s amended petition was sustained for failure to state a cause of action and for other legal grounds stated therein. (These included res judicata and limitations.) The dismissal was with prejudice and plaintiff has appealed. (Plaintiff is a party both individually and as executrix but we will refer to plaintiff in the singular only.)

Plaintiff claims defendant was a party to a conspiracy to fraudulently make use of legal proceedings to injure plaintiff and her testator by commencing…