Fox, Canfield & Co. v. Graves
Nebraska Supreme Court
Error from the district court of Madison county. Tried below before Powers, J. Where an uncertain and indefinite demand is based upon allegations of the petition, from which the amount of recovery sought cannot be definitely computed, the petition does not tender an issue, a cause of action is not stated, and such a pleading will not support a judgment. (Carter v. Shotwell, 42 Mo.
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Error from the district court of Madison county. Tried below before Powers, J. Where an uncertain and indefinite demand is based upon allegations of the petition, from which the amount of recovery sought cannot be definitely computed, the petition does not tender an issue, a cause of action is not stated, and such a pleading will not support a judgment. (Carter v. Shotwell, 42 Mo. App., 663; Hinchley v. Pfister, 53 N. W. Rep. [Wis.], 21; Bliss, Code Pleading [2d ed.], sec. 165.) As to arbitration and award the following cases were cited: Groat v. Pracht, 31 Kan., 656; Miller v. Brumbaugh, 7…
1Opinion of the CourtNorval, J.
Defendant in error filed his petition in the district court alleging: “That Fox, Canfield & Co., on the 1st day of May, 1882, and at the times of the purchases and transactions hereinafter stated, was a partnership firm doing business in the state of Nebraska, in Stanton county and adjoining counties; that the sole individual members of said partnership were and are the defendants George Fox, S. S. Can-field, and H. C. Brome; that the defendants, as such partners, in the partnership name, on or about the months of *814May, June, August, September, October, November, and December, of the year…
2Cases cited5 opinions
- McDuffie v. BentleyNebraska Supreme Court · 1889
- Keens v. GaslinNebraska Supreme Court · 1888
- Hiatt v. ParkerSupreme Court of Kansas · 1883
- Groat v. PrachtSupreme Court of Kansas · 1884
- Bentley v. DavisNebraska Supreme Court · 1887
3Cited by9 opinions
- Donovan v. McDevittMontana Supreme Court · 1907
- Central Nebraska Public Power & Irrigation District v. WalstonNebraska Supreme Court · 1941
- Weideman v. Estate of PetersonNebraska Supreme Court · 1935
- Tomson v. Iowa State Traveling Men's Ass'nNebraska Supreme Court · 1911
- Hudelson v. First National BankNebraska Supreme Court · 1898
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