Burnham, Hanna, Munger & Co. v. W. H. Tillery & Co.
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Otis Hosier, Judge. (1) In this case there was a clear departure between the original petition and the amended petition, so far as James E. Tillery is concerned. Drake v. Railroad, 35 Mo. App. 556; Pruitt v. Warren, 71 Mo. App. 84; Clothing Co. v. Railroad, 71 Mo.
Read the full summary
Appeal from the Polk Circuit Court. — Hon. Otis Hosier, Judge. (1) In this case there was a clear departure between the original petition and the amended petition, so far as James E. Tillery is concerned. Drake v. Railroad, 35 Mo. App. 556; Pruitt v. Warren, 71 Mo. App. 84; Clothing Co. v. Railroad, 71 Mo. App. 243; Lumpkin v. Collier, 69 Mo. 170; Eields v. Maloney, 78 Mo. 172; Scovill v. Glasner, 79 Mo. 449 ; Hill v. Mining Co., 119 Mo. 30; Hernán v. Glann, 129 Mo. 326; Hollmann v. Lange, 143 Mo. 101. (2) If there was a contract of novation as charged in the amended petition then there was…
1Opinion of the CourtSmith, P. J.
— It was alleged in the plaintiffs’ original petition that W. H. Tillery & Co., a mercantile partnership composed of W. H. Tillery and Jacob Burns, were indebted to plaintiffs in the sum of $612.37, for goods sold and" delivered them by the plaintiffs; that while insolvent and in failing circumstances they sold their entire stock of merehan*456dise to James N. McCracken and in part payment therefor were to receive certain lots in the town of Humansville, in this state, which were of the value of eight hundred dollars; that at the time of the said sale the defendant W. H. Tillery was indebted to…
2Cases cited5 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Liese v. MeyerSupreme Court of Missouri · 1898
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Badger Lumber Co. v. MeffertMissouri Court of Appeals · 1894
3Cited by6 opinions
- Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
- Bick v. VaughnMissouri Court of Appeals · 1909
- Security Trust & Savings Bank v. RavelNew Mexico Supreme Court · 1918
- Nickerson v. Leader Mercantile Co.Court of Appeals of Kansas · 1901
- Quirk v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1919
1 more not listed; retrieve them via the Exa API.