McCormick v. Interstate Consolidated Rapid Transit Railway Co.
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. H. L. Scarritt, Judge. (1) Tbe plaintiff can recover only on tbe case be makes in bis pleading. It is familiar law tbat plaintiff can not declare on one cause of action and recover on another and entirely different one. Whipple v. Peter Cooper B. and L. Ass’n, 55 Mo. App. 554; Smith v. Haley, 41 Mo. App. 611; R. S. 1889, secs. 2039, 2238; Field v. Railroad, -76 Mo. 614; Stix v. Matthews, 75 Mo. 96; Phillippi v. McLean, 5 Mo.
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Error to Jackson Circuit Court. — Hon. H. L. Scarritt, Judge. (1) Tbe plaintiff can recover only on tbe case be makes in bis pleading. It is familiar law tbat plaintiff can not declare on one cause of action and recover on another and entirely different one. Whipple v. Peter Cooper B. and L. Ass’n, 55 Mo. App. 554; Smith v. Haley, 41 Mo. App. 611; R. S. 1889, secs. 2039, 2238; Field v. Railroad, -76 Mo. 614; Stix v. Matthews, 75 Mo. 96; Phillippi v. McLean, 5 Mo. App. 587; Haynes v. Trenton, 108 Mo. 130; Jacquin v. Grand Ave. Cable Co., 57 Mo. App. 331; Johnson-Brink-man Co. v. Central Bank,…
1Opinion of the CourtBurgess, J.
This is an action for extra work alleged to have been done, and extra materials furnished by plaintiff for the Wyandotte Railway and Tunnel Company in the construction of a tunnel in Kansas City, Missouri, with which said company the defendant was thereafter consolidated.
The petition in the cause alleges that defendant is a corporation under the laws of, Kansas; that the Kansas City and Wyandotte Railway Tunnel Company was also a corporation; that the said Kansas City and Wyandotte Tunnel Company by consolidation became, and is now, a part of the Interstate Consolidated Rapid Transit Railway…
2Cases cited12 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Clements v. YeatesSupreme Court of Missouri · 1879
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
- Stebbins v. NilesMississippi Supreme Court · 1852
- Field v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
- Caneer v. KentSupreme Court of Missouri · 1938
- Stone v. CookSupreme Court of Missouri · 1904
- Edwards v. PowellWashington Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.