Tyrrel v. Milliken
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonaldJudge. The trial court erred in permitting the amended petition to be filed and should have stricken the same from the files, because it amounted to a. change from the cause of action sued on to an entirely different action — from a separate, individual cause of action in favor of A, to a joint cause of action in favor of A, B and C. Slaughter v. Davenport, 151 Mo. 26. The existence of the partnership was…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonaldJudge. The trial court erred in permitting the amended petition to be filed and should have stricken the same from the files, because it amounted to a. change from the cause of action sued on to an entirely different action — from a separate, individual cause of action in favor of A, to a joint cause of action in favor of A, B and C. Slaughter v. Davenport, 151 Mo. 26. The existence of the partnership was admitted by appellant by reason of his failure to file an affidavit denying its existence. R. S. 1899, sec. 745; Mitchell v.…
1Opinion of the CourtNortoni, J.
This is a suit on quantum meruit for the value of materials furnished and services rendered in printing a brief to be filed and used in the Court of Appeals of New York in what is known as. the Rice will case. The trial was had before the circuit judge without a jury. Plaintiffs recovered and defendant prosecutes the appeal.
The evidence tended to prove that the plaintiffs were partners doing a printing business in the city of New York, under the firm name of B. H.-Tyrrel. The defendant is a resident of the city of St. Louis, and the brother-in-law of. Mr. Patrick, who was involved in…
2Cases cited3 opinions
- House v. DuncanSupreme Court of Missouri · 1872
- Beattie v. HillSupreme Court of Missouri · 1875
- C. H. Conrades & Co. v. SpinkMissouri Court of Appeals · 1889
3Cited by4 opinions
- Sims v. FreemanMissouri Court of Appeals · 1982
- Erlandson v. ErskineMontana Supreme Court · 1926
- Mendenhall v. ShermanMissouri Court of Appeals · 1916
- Sanders v. RiddickTennessee Supreme Court · 1913