Barrie v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matthew Given Reynolds, Judge. The court erred in not sustaining defendant’s motion to elect because the positions assumed by the plaintiff in his petition were inconsistent, irreconcilable and tbe proof of one necessarily disproved tbe other.
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Appeal from St. Louis City Circuit Court. — Hon. Matthew Given Reynolds, Judge. The court erred in not sustaining defendant’s motion to elect because the positions assumed by the plaintiff in his petition were inconsistent, irreconcilable and tbe proof of one necessarily disproved tbe other. Jordan v. Transit Co., 202 Mo. 426. Plaintiff cannot recover because be has failed to prove that tbe defendant took tbe assets of tbe Transit Company without any or adequate consideration. Benesh v. Insurance Co., 72 N. E. 674; Baker v. Harpster, 22 Pac. 415; Fernschild v. Yedder, 49 N. E. 151; Shoe Co.…
1Opinion of the CourtReynolds, P. J.
This is the second appeal in this case, the first having been taken by plaintiff, and the action in this court reported 125 Mo. App. 96. In the present appeal, as in the former, it was heard before two of the judges of this court, one of the judges not sitting. It was reversed and remanded, with the concurrence of both judges, for error in the admission of a tabulated statement of assets received and liabilities assumed by the defendant, generally hereafter referred to as Railways or United Railways Company, from the St. Louis' Transit Company, generally hereafter referred to as the Transit…
2Cases cited55 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Fogg v. BlairSupreme Court of the United States · 1890
- In re Muncie Pulp Co.Court of Appeals for the Second Circuit · 1905
- In re Rieger, Kapner & AltmarkDistrict Court, S.D. Ohio · 1907
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3Cited by22 opinions
- Fix v. FixSupreme Court of Missouri · 1993
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Garden City Feeder Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1935
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Tamm v. Ford Motor Co.Court of Appeals for the Eighth Circuit · 1935
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