Legal Opinion

Lustig v. Cohen

Missouri Court of Appeals

Decided March 24, 1891PublishedCited by 4 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The amended statement filed by the respondent was insufficient. R. S. 1889, secs. 6138 and 6139; Nutter v. Houston, 32 Mo. App. 451, and cases cited; Rosenburg v. Boyd, 14 Mo. App. 429; Hill v. Ore <& Steel Co., 90 Mo. 103 ; Sturdy v. St. Charles, etc., Co., 33 Mo.

Read the full summary

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The amended statement filed by the respondent was insufficient. R. S. 1889, secs. 6138 and 6139; Nutter v. Houston, 32 Mo. App. 451, and cases cited; Rosenburg v. Boyd, 14 Mo. App. 429; Hill v. Ore <& Steel Co., 90 Mo. 103 ; Sturdy v. St. Charles, etc., Co., 33 Mo. App. 44. (1) Even if the original statement was not sufficient, it was not error to overrule the appellant’s motion to dismiss the case, and grant respondent leave to file a sufficient amended statement. R. S. 1889, sec. 6347, and numerous authorities cited in…

1Opinion of the CourtRombauer, P. J.

The plaintiff filed before a justice the following statement, purporting to be a statement of his cause of action :

“ M. Cohen & Co.
“ To Samuel Lustig :
“To balance for services as traveling salesman, $64.15.”

In the circuit court the defendant objected to the introduction of any evidence on behalf of plaintiff on the ground that the above statement was an insufficient statement of a cause of action under the statute. The plaintiff thereupon asked and obtained leave to file the following as an amended statement:

“St. Louis, December 9, 1889.

‘ ‘ M. Cohen & Go.

“To Samuel Lustig, Dr.:
“To balance,…

2Cases cited5 opinions

  1. Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
  2. Butts v. PhelpsSupreme Court of Missouri · 1883
  3. Brashears v. StrockSupreme Court of Missouri · 1870
  4. Brown v. KimmelSupreme Court of Missouri · 1878
  5. May, Weil & Co. v. KlossSupreme Court of Missouri · 1869

3Cited by4 opinions

  1. Doggett v. BlankeMissouri Court of Appeals · 1897
  2. Union Loan, Storage & Mercantile Co. v. FarbsteinMissouri Court of Appeals · 1910
  3. Hammond v. BerkowitzMissouri Court of Appeals · 1909
  4. Cameron v. Electric Household Stores, Inc.Missouri Court of Appeals · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API