Slaughter v. Davenport
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The amendment, by striking out tbe names of two of the plaintiffs, was proper and was authorized by the statute. Section 6347, E. S. 1889; Davis v. Ritchie, 85.Mo. 501; Williston v. Smith, 52 Mo. App. 133; Busclie v. McElroy, 12 Mo. App. 567. (2) A contract payable to “A, B or 0” is a contract to pay them jointly and all should join in suit.
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Transferred from Kansas City Court of Appeals. (1) The amendment, by striking out tbe names of two of the plaintiffs, was proper and was authorized by the statute. Section 6347, E. S. 1889; Davis v. Ritchie, 85.Mo. 501; Williston v. Smith, 52 Mo. App. 133; Busclie v. McElroy, 12 Mo. App. 567. (2) A contract payable to “A, B or 0” is a contract to pay them jointly and all should join in suit. Quinde v. Merritt, 11 Humphrey, 439; Willoughby v. Willoughby, 5 N. H. 244; Osgood v. Pearson, 4 Gray 45.5; Waldras v. Petrie, 5 Wend. 575; Watson v. Evans, 1 Hurl. & Oolt 663. The only cases to the…
1Opinion of the CourtBurgess, J.
This case was begun before a justice of the peace in Jackson county in the name of T. W. Green, O. V. Slaughter and H. C. Brooking, plaintiffs, who recovered judgment for the sum of $58.43. Erom this judgment defendant appealed to the circuit court of said county, and when the case was called for trial at the October term, 1898, of said circuit court, and on the 31st day of said month, plaintiff amended his petition by leave of court striking out the names of T. W. Green and H. C. Brooking. Thereupon the trial of the cause was proceeded with before the court and jury, which resulted in a…
2Cases cited6 opinions
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Gregory v. WabashMissouri Court of Appeals · 1886
- Baker v. RaleyMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
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- Cook v. United States National BankOregon Supreme Court · 1929
- Peters v. McDonoughSupreme Court of Missouri · 1931
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