Searles v. Lum
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon., Franklin Ferris, Judge. (1) The law of Mississippi'governs as to the limitation of this action. Mississippi Code, 1892, Oh. 83, secs. 2739 and 2755; McMerty. v. Morrison, 62 Mo. 140; Baker v. Stonebracker’s Adm’r, 36 Mo. 338; St. Louis Type Foundry On. v. Jackson, 128 Mo. 119; Lyman v. Campbell, 34 Mo. App. 243. (2) This is an action for breach of contract, and not on a judgment'..
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Appeal from the St. Louis City Circuit Court. — Hon., Franklin Ferris, Judge. (1) The law of Mississippi'governs as to the limitation of this action. Mississippi Code, 1892, Oh. 83, secs. 2739 and 2755; McMerty. v. Morrison, 62 Mo. 140; Baker v. Stonebracker’s Adm’r, 36 Mo. 338; St. Louis Type Foundry On. v. Jackson, 128 Mo. 119; Lyman v. Campbell, 34 Mo. App. 243. (2) This is an action for breach of contract, and not on a judgment'.. Morse on Arbitration and Award [Ed. 1872], pp. 576 and 579; Bates v. Curtis, 21 Pick. (Mass. 1838), 247; Whitcher v. Whitcher, 49 New Hampshire, 176; Morse on…
1Opinion of the CourtBland, J.
The petition alleges in substance, that matters of dispute as to the amount of money due from defendant to plaintiff, on account of moneys paid out by plaintiff to the use and benefit of defendant and at his request, were by an oral agreement made by and between plaintiff and defendant submitted to three arbitrators selected 'and chosen by plaintiff and defendant, to wit, W. L. Wells, Eug. Martin and S. 0. Eagan; that in pursuance to said agreement the arbitrators met at Vicksburg, Mississippi, heard the evidence produced by both parties, touching the matters.in dispute, and afterwards, to*…
2Cases cited8 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Thornton v. McCormickSupreme Court of Iowa · 1888
- Roll v. St. Louis & Colorado Smelting & Mining Co.Missouri Court of Appeals · 1892
- Hamlin v. DukeSupreme Court of Missouri · 1859
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3Cited by2 opinions
- Thatcher Implement & Mercantile Co. v. BrubakerMissouri Court of Appeals · 1916
- Continental Bank Supply Co. v. International Brotherhood of BookbindersMissouri Court of Appeals · 1947