Legal Opinion
Leas v. Pacific Express Co.
Missouri Court of Appeals
Decided May 25, 1891PublishedCited by 4 opinions
Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. ■ The paper filed with the justice and upon which the cause was tried was wholly insufficient as a statement of plaintiff’s cause of action, either in assumpsit or tort. Brashears v. Strode, 46 Mo. 221; Swartz ®. Nicholson, 65 Mo. 508; Butts v. Phelps, 79 Mo. 302; Weese v. Brown, 28 Mo. App. 521; Nutter ®. Houston, 32 Mo. App. 451; Hill ». Ore & Steel Co., 90 Mo. 104; Morrow v. Surber, 97 Mo. 161.
1Opinion of the Court
Smith, P. J.-
— The plaintiff brought this suit before a j usticé of the peace on the following statement:
“Telephone 924.
“Kansas City, Missouri, June 2, 1886.
“Pacific Express Company,
“Bought of George Leas, Boiler Maker, and Dealer in New and Second-Hand Machinery,
“Corner Delaware Street and Levee.
*599“Kansas City, Missouri, June 24, 1886.
“1 crank shaft- for 4x6 Eng...'.............$18.00.
“This shaft was shipped C. O. D., to Frank E. Wells, Eufala, Indian Territory, May 31.
“Broken by Pacific Company.”
The case was subsequently removed by appeal to the circuit court, and, upon a trial anew, the…
2Cases cited5 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Hill v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1886
- Rosenburg v. BoydMissouri Court of Appeals · 1883
- Nutter v. HoustonMissouri Court of Appeals · 1888
- Weese v. BrownMissouri Court of Appeals · 1888
3Cited by4 opinions
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Doggett v. BlankeMissouri Court of Appeals · 1897
- Redmon v. Chicago, Rock Island & Pacific RailroadCourt of Appeals of Kansas · 1901
- Glenn v. WearyMissouri Court of Appeals · 1896