Sonnenfeld v. Rosenthal-Sloan Millinery Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. M. G. Reynolds, Judge. (1) The fact alleged in the petition of the plaintiff, that the defendant had orally agreed not to plead the Statute of Limitations, and that plaintiff had relied thereon, is sufficient, as matter of estoppel at common law, to prevent the defendant from invoking that statute. Bridges v. Stephens, 132 Mo. 524; Asphalt Co. v. Transit Co., 102 Mo. App. 468; Monroe v. Herrington, 110 Mo.
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Appeal from St. Louis City Circuit Court.— Hon. M. G. Reynolds, Judge. (1) The fact alleged in the petition of the plaintiff, that the defendant had orally agreed not to plead the Statute of Limitations, and that plaintiff had relied thereon, is sufficient, as matter of estoppel at common law, to prevent the defendant from invoking that statute. Bridges v. Stephens, 132 Mo. 524; Asphalt Co. v. Transit Co., 102 Mo. App. 468; Monroe v. Herrington, 110 Mo. App. 515; Barcroft v. Davis, 91 N. C. 363; Joyner v. Massey, 97 N. C. 148; Cecil v. Henderson, 121 N. C. 247; Holman v. Omaha, 117 la. 268;…
1Opinion of the Court
ROT, C.
— This suit was instituted July 13, 1905, in the circuit court of the city of St. Louis and comes here on plaintiff’s appeal from a judgment sustaining a demurrer to the third amended petition which is as follows:
“Plaintiff by leave of court files this her third amended petition and for cause of action states, that the defendant is a corporation duly organized under and by virtue of the laws of the State of Missouri.
“That on July 10, 1894, I. B. Rosenthal Millinery Company, a corporation duly organized under the laws of the State of Missouri, executed and delivered to plaintiff its…
2Cases cited1 opinion
- Battle v. CrawfordSupreme Court of Missouri · 1878
3Cited by3 opinions
- Schrabauer v. Schneider Engraving Product, Inc.Missouri Court of Appeals · 1930
- Branner v. KlaberSupreme Court of Missouri · 1932
- Fontana v. Ford Motor Co.Michigan Supreme Court · 1936