Adler v. Kansas City, Springfield & Memphis Railroad
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. F. M. Black, Judge. (1) It was not competent to show by parol evidence that the claim assigned was one against the Arkansas corporation. This is not a case of latent ambiguity. Jackson r>. Sill, 11 Johns. 215 ; Means v. La Vergne, 50 Mo. 343; King v>. Fink, 51 Mo. 209. (2) Defendant’s declaration, number three, should not have been given. (3) The contract with the company by its'terms cannot be assigned. Beardslee r.
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Appeal from, Jackson Circuit Court. — Hon. F. M. Black, Judge. (1) It was not competent to show by parol evidence that the claim assigned was one against the Arkansas corporation. This is not a case of latent ambiguity. Jackson r>. Sill, 11 Johns. 215 ; Means v. La Vergne, 50 Mo. 343; King v>. Fink, 51 Mo. 209. (2) Defendant’s declaration, number three, should not have been given. (3) The contract with the company by its'terms cannot be assigned. Beardslee r. Morgner, 73 Mo. 22 ; Railroad v. Traube, 59 Mo. 363; Buck *. Wilson, 4 Cent. L. J. 643; Flaherty, v. Taylor, 35 Mo. 451. (1) In answer…
1Opinion of the CourtNorton, C. J.
Plaintiffs for cause of action substantially allege in their petition that the Kansas City, Springfield & Memphis Railroad Company is a corporation created under the laws of Missouri, to build and operate a road from Springfield to a point on the state line in the direction of Memphis, Tennessee ; that the Springfield & Memphis Railroad Company was created under the laws of Arkansas, to build and operate from the last-named point to a point opposite the city of Memphis ; that both of said corporations were organized as a part of the same enterprise, and for the purpose of constructing a…
2Cases cited2 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Goode v. CrowSupreme Court of Missouri · 1873
3Cited by6 opinions
- Atlas Powder Co. v. Nelson & Chase & Gilbert Co.West Virginia Supreme Court · 1942
- West v. MoserMissouri Court of Appeals · 1892
- Rosenberger v. Wabash RailroadMissouri Court of Appeals · 1902
- Newberry v. DurandMissouri Court of Appeals · 1901
- King v. WilsonSupreme Court of Kansas · 1912
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