McLain v. Mercantile Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Estoppel was sufficiently pleaded in plaintiff’s petition. The pleader is not required to specifically designate the plea as one of estoppel if the facts pleaded show estoppel. Rieschick v. Kingelhoeffer, 91 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Estoppel was sufficiently pleaded in plaintiff’s petition. The pleader is not required to specifically designate the plea as one of estoppel if the facts pleaded show estoppel. Rieschick v. Kingelhoeffer, 91 Mo. App. 430; Cadematori v. Gauger, 160 Mo. 367. (2) The rule that estoppel, in order to be available must be specially pleaded, has no application where the basis of the contention is set out in an agreed statement of facts. Rivord v. Railway, 257 Mo. 169. (3) The widow, having the right under the statute to…
1Opinion of the Court
Suit in partition of a certain lot or parcel of land in the city of St. Louis. At the conclusion of the testimony the courtnisi dismissed plaintiff's petition and she appeals.
The petition was in the usual form, alleging that J.T. McLain, deceased, by his last will and testament duly admitted to probate on the 8th day of November, 1916, devised and bequeathed said property to the Mercantile Trust Company, as trustee, for the benefit of plaintiff, and Margaret Merle Schierbaum, her daughter, and Girard D. Schierbaum, her grandson, to enjoy the income therefrom in the following proportions:…
2Cases cited8 opinions
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Kinloch Telephone Co. v. City of St. LouisSupreme Court of Missouri · 1916
- Berry v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
- Linenschmidt v. Continental Casualty Co.Supreme Court of Missouri · 1947
- Massachusetts Bonding & Insurance Co. v. Dallas Steam Laundry & Dye WorksCourt of Appeals of Texas · 1935
- In Re the Estate of FranzSupreme Court of Missouri · 1939
15 more not listed; retrieve them via the Exa API.