Pearsell Manufacturing Co. v. Jeffreys
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The court erred in overruling defendants’ objection to the introduction of evidence under the petition. The petition should aver that defendants were notified of the acceptance of the proposal to guarantee, it being essential to prove notice. All facts which constitute a cause of action must he stated. Scott v. Eo-bards, 67 Mo. 289. "Whatever is essential to he proved must he alleged. McConey v. Wallace, 22 Mo.
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Transferred from Kansas City Court of Appeals. (1) The court erred in overruling defendants’ objection to the introduction of evidence under the petition. The petition should aver that defendants were notified of the acceptance of the proposal to guarantee, it being essential to prove notice. All facts which constitute a cause of action must he stated. Scott v. Eo-bards, 67 Mo. 289. "Whatever is essential to he proved must he alleged. McConey v. Wallace, 22 Mo. App. 377; Pier v. Hienrichoffen, 52 Mo. 333. The omission of an essential averment is not cured by verdict. Furnishing Co. v.…
1Opinion of the CourtValliant, J.
This suit was begun in a justice’s court, taken by appeal to the circuit court, where there was a judgment for $16.37 for the plaintiff, from which *389the defendants appealed to the Kansas City Court of Appeals, where it was concluded that the judgment ought to he reversed and the cause remanded, hut the judges of that court were of the opinion that their decision was in conflict with a decision of the St. Louis Court of Appeals, viz., Globe Ptg. Co. v. Bickley, 73 Mo. App. 499, and for that reason transferred the cause to this court for determination.
The suit is founded on an alleged contract…
2Cases cited6 opinions
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Rankin v. ChildsSupreme Court of Missouri · 1846
- Taylor v. ShouseSupreme Court of Missouri · 1881
- Deering Harvester Co. v. SulserMissouri Court of Appeals · 1899
- Bank v. GoldsteinMissouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gregory v. ArmsIndiana Court of Appeals · 1911
- Miami County National Bank v. GoldbergWisconsin Supreme Court · 1907
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Palmer v. SchrageMichigan Supreme Court · 1932
- Linro Medicine Co. v. MoonMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.