Heman v. Glann
Supreme Court of Missouri
Appeal from St. Louis City Circuit Co'mt. — Hon. Daniel Dillon, Judge. (1) The demurrer to the original petition should have been overruled. Gregory v. McCormick, 120 Mo. 657; Burnett v.' Crandall, 63 Mo. 410. (2) The motion to strike out the amended petition should have been overruled. Scovillev. Glasner, 79 Mo. 449; Lumpkin v. Collier, 69 Mo. 170; Lottman v. Barnett, 62 Mo. 159; Barnes v. Prewitt, 28 Mo.
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Appeal from St. Louis City Circuit Co'mt. — Hon. Daniel Dillon, Judge. (1) The demurrer to the original petition should have been overruled. Gregory v. McCormick, 120 Mo. 657; Burnett v.' Crandall, 63 Mo. 410. (2) The motion to strike out the amended petition should have been overruled. Scovillev. Glasner, 79 Mo. 449; Lumpkin v. Collier, 69 Mo. 170; Lottman v. Barnett, 62 Mo. 159; Barnes v. Prewitt, 28 Mo. App. 163; R. S. sec. 2088; Association v. Dubach, 82 Mo. 475. (1) The original petition did not state a cause of action, as on its face the debt sought to be recovered was not due when suit…
1Opinion of the CourtGantt, P. J.
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This action was originally commenced in the circuit court of the city of St. Louis, on January 16, 1893. The original petition was in the words following:'
“William Heman and Frederick Heman, Plaintiffs, v. Jacob N. Bick and Nathaniel H. Glann, Defendants. _
In the circuit court, city of St. Louis, to the February term, 1893.
“Plaintiff states that on October 13, 1891, one of these plaintiffs, William Heman, entered into a con*329tract, in writing, with the defendants, who were all co-partners under the style of Bick & Giann, which contract was in words and figures as follows:
“ ‘This agreement made…
2Cases cited7 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Pickering v. Mississippi Valley National Telegraph Co.Supreme Court of Missouri · 1871
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- Schwab Clothing Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1897
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