Sublett v. Noland
Supreme Court of Missouri
ERROR to the circuit court of- Jackson county.. For the plaintiffs in error, it is contended that the court-erred in refusing the instruction asked by the defendants below. That the motion for a new trial and in arrest, should have been, sustained: 1. Because the original agreement between the parties was not filed with the justice before suit brought— see Statutes of Mo. Digest 183ó, p. 350, sec. 6, 7, 8j 3-vol. Mo.
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ERROR to the circuit court of- Jackson county.. For the plaintiffs in error, it is contended that the court-erred in refusing the instruction asked by the defendants below. That the motion for a new trial and in arrest, should have been, sustained: 1. Because the original agreement between the parties was not filed with the justice before suit brought— see Statutes of Mo. Digest 183ó, p. 350, sec. 6, 7, 8j 3-vol. Mo. Rep. 233. 2. Because the contract sued upon was with several others, besides the defendant in error, and they should have been parties plaintiffs in- the-action — see Chitty’s…
1Opinion of the Court
Napton, Judge,
delivered, the opinion of- the court.
Noland sued Sublett & Vasquies before a justice of the peace, for certain services performed by him in hauling furs, &c., from Independence to Piatte river, and filed with the justice a hill of the items of. his account. He also filed a paper, purporting to- be the agreement made by himself and several others who were- employed by defendants in the same business, the substance of which is, that Sublett & Yasquies agreed to pay each of the wagoners, including Noland, a certain price per day for hauling, specifying the amount each wagon was tsb *517…
2Cited by8 opinions
- C. G. Conn Co. v. OrrMissouri Court of Appeals · 1910
- Hope Mutual Fire Insurance v. BeckmannSupreme Court of Missouri · 1870
- Widman v. American Central InsuranceMissouri Court of Appeals · 1905
- Schenck v. StumpfMissouri Court of Appeals · 1878
- Mansur v. LinneyMissouri Court of Appeals · 1912
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