Legal Opinion

Ewing v. O'Malley

Missouri Court of Appeals

Decided November 1, 1904PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Ho». D. D. Fisher, Judge. (1) Notice of intention to terminate a monthly tenancy must be served personally. Van Studdiford v. Kohn, 46 Mo. App. 436; De Gtiverville v. Stolle, 9 Mo. App. 185; Taylor on L. & T. (7 Ed.), sec. 484. (2) The second notice of termination of tenancy was an admission that a tenancy still subsisted and amounted to a waiver or abandonment of the first notice. Nagel v. League, 70 Mo.

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Appeal from St. Louis City Circuit Court. — Ho». D. D. Fisher, Judge. (1) Notice of intention to terminate a monthly tenancy must be served personally. Van Studdiford v. Kohn, 46 Mo. App. 436; De Gtiverville v. Stolle, 9 Mo. App. 185; Taylor on L. & T. (7 Ed.), sec. 484. (2) The second notice of termination of tenancy was an admission that a tenancy still subsisted and amounted to a waiver or abandonment of the first notice. Nagel v. League, 70 Mo. App. 487; Morgan v. Powers, 83 Hun 302; D’Arcy v. Martyn, 63 Mich. 602; Dockrill v. Schenk, 37 111. App. 44; O’Neill v. Cahill, 2 Brews. (Pa.)…

1Opinion of the CourtBland, P. J.

(after stating the facts). — 1. Two questions are presented by the appeal; one as to the sufficiency of the service of notice to quit, the other as to the legal effect of the service of the notice of December 24, 1903.

*121In Van Studdiford v. Kohn, 46 Mo. App. 1. c. 439, this court, in respect to the service of notice to quit on a tenant from month to month, said: “We have repeatedly held that, where the statute requires service of a written notice, and no mode of service is provided for by law, the statute contemplates personal service. The statute in this case-does not provide for the manner of…

2Cases cited4 opinions

  1. Nagel v. LeagueMissouri Court of Appeals · 1897
  2. Brown v. MillerMissouri Court of Appeals · 1891
  3. Crumbie v. Manhattan Railway Co.New York Supreme Court · 1894
  4. Langan v. SchliefMissouri Court of Appeals · 1893

3Cited by4 opinions

  1. Weaver Mining Co. v. GuthrieMissouri Court of Appeals · 1915
  2. Fry v. WeyenIdaho Supreme Court · 1937
  3. Hardebeck v. HamiltonCourt of Appeals for the D.C. Circuit · 1920
  4. Mississippi Glass Co. v. PolandCourt of Appeals for the Eighth Circuit · 1943

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