Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, 第 49 卷E. W. Stephens., 1893 |
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affidavit affirmed agent alimony alleged appellate court assignment assignor attorney authority bill of exceptions bond cause of action circuit court Circuit Court.-HON claim common law contract contributory negligence corporation counsel Court of Appeals Craig creditor damages debt debtor deed of trust defects defendant defendant's demurrer dramshop duty entitled equity error estoppel evidence tending ex rel fact filed fraud garnishee grade held Holmes street indorsement injury judgment jurisdiction justice Kansas City Court liable lien Louis Court ment Missouri mortgage motion negligence notice ordinance owner paid party payment person petition plaintiff plaintiff in error pleadings possession premises prosecuting purchase question Railroad record recover recovery refused remanded replevin Res Adjudicata respondent reversed Revised Statutes ROMBAUER rule Sedalia Smur sufficient suit tenant testimony thereof tion trial court Twentieth street unlawful detainer verdict wheat
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第 504 頁 - Every action shall be prosecuted in the name of the real party in interest, but an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust within the meaning of this section.
第 659 頁 - ... a power coupled with an interest ? " Is it an [ * 204 ] interest in the subject on which the power is to be * exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear that the interest which can protect a power after the death of a person who creates it, mast be an interest in the thing itself.
第 508 頁 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
第 136 頁 - Any personal property, including rights in action, belonging to any woman at her marriage, or which may have come to her during coverture by gift, bequest or inheritance, or by purchase with her separate money or means, or...
第 504 頁 - ... Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
第 13 頁 - The plaintiff sued the defendant on a policy of fire insurance, which, amongst others, contained a clause providing that " the assured under this policy hereby covenants and agrees to keep a set of books, showing a complete record of business transacted, including all purchases and sales, both for cash and credit, together with the last inventory of said business...
第 13 頁 - ... securely locked in a fireproof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
第 232 頁 - This duty he cannot delegate to a servant, so as to exempt himself from liability for injuries caused to another servant by its omission. Indeed, no duty required of him for the safety and protection of his servants can be transferred, so as to exonerate him from such liability.
第 138 頁 - A married woman shall be decreed a feme sole so far as to •enable her to carry on and transact business on her own account, to contract and be contracted with, to sue and be sued...