Lancaster v. Connecticut Mutual Life Insurance
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) The trustee’s right of action was lost when he ceased to. be trustee. Huckabee v. Billingsley, 16 Ala. 414; De Bermse v. Sanford, 1 Hoff. Ch. 195. (2) While two counts in the petition to meét the proof are permissible (.Brinkman n. Hunter, 73 Mo. 172), there can be but one recovery and satisfaction. Owens v. Railroad, 68-Mo. 394 ; Brinnelln.
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Appeal from, St. Louis Court of Appeals. (1) The trustee’s right of action was lost when he ceased to. be trustee. Huckabee v. Billingsley, 16 Ala. 414; De Bermse v. Sanford, 1 Hoff. Ch. 195. (2) While two counts in the petition to meét the proof are permissible (.Brinkman n. Hunter, 73 Mo. 172), there can be but one recovery and satisfaction. Owens v. Railroad, 68-Mo. 394 ; Brinnelln. Railroad, 47 Mo. 239 ; City, etc., v'. Allen, 53 Mo. 49. (3) The jury were not justified in assuming that the abutting wall fell first, and their finding in this respect is in entire disregard of the testimony…
1Opinion of the CourtBlack, J.
The plaintiff and the defendant owned adjoining lots fronting on Fourth street, in the city of St. Louis, extending back to an alley. There was a five-story brick building upon each lot, the wall between them being a party wall. The first count of the petition in substance states that, in September, 1881, the defendant erected upon its property a brick wall, 'so as to abut against the party wall; that the same was carried to a great height; that the defendant negligently caused the wall to be erected in such an insecure and defective manner, and with such insufficient foundation and supports,…
2Cases cited6 opinions
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Brady v. ConnellySupreme Court of Missouri · 1873
- Morgan v. BowmanSupreme Court of Missouri · 1856
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Jake C. Byers, Inc. v. J.B.C. InvestmentsMissouri Court of Appeals · 1992
- Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
37 more not listed; retrieve them via the Exa API.