Christie v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. J. P. G-rubb, Judge. (1) The court erred in overruling defendant’s motion to make the petition more definite and certain. R. S., sec. 3529 ; Bliss on Code Pleading [2 Ed.] sec. 425; Railroad v. Kundson, 62 Mo. 569; Hay v. Short, 49 Mo. 141 ; Rothwell v. Morgan, 37 Mo. 107; Railroad v. Dean, 92 Ind. 459 ; Addison v. Railroad, 48 Mich. 155. (2) The court erred in overruling defendant’s objection to the introduction of any testimony.
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Appeal from Buchanan Circuit Court. — Hon. J. P. G-rubb, Judge. (1) The court erred in overruling defendant’s motion to make the petition more definite and certain. R. S., sec. 3529 ; Bliss on Code Pleading [2 Ed.] sec. 425; Railroad v. Kundson, 62 Mo. 569; Hay v. Short, 49 Mo. 141 ; Rothwell v. Morgan, 37 Mo. 107; Railroad v. Dean, 92 Ind. 459 ; Addison v. Railroad, 48 Mich. 155. (2) The court erred in overruling defendant’s objection to the introduction of any testimony. (a) Because the alleged contract is against the policy of the law. (Z>) It is void as against public policy, (c) It is in…
1Opinion of the Court
Norton, C. J.-
This suit is based upon an alleged contract, whereby it was agreed that plaintiff should ship grain of various kinds from certain stations in the state of Kansas to Chicago, Illinois, and that, on presentation of bills for such shipments, the plaintiff should pay the usual and ordinary rates therefor according to defendant’s tariff rates, and that defendant should repay to plaintiff all sums of money which defendant should receive over and above the rate agreed upon between the parties. The object of the suit is to recover from defendant the difference between the amounts paid…
2Cases cited2 opinions
- Hannibal & St. Joseph Railroad v. KnudsonSupreme Court of Missouri · 1876
- Toledo, Wabash & Western Railway Co. v. ElliottIllinois Supreme Court · 1875
3Cited by9 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
- Interstate Commerce Commission v. Baltimore & O. R.U.S. Circuit Court for the District of Southern Ohio · 1890
- Fitzgerald v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1894
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