Flinton v. Palmer
| Decision Date | 18 June 1915 |
| Docket Number | No. 11626.,11626. |
| Citation | 177 S.W. 777 |
| Parties | FLINTON et al. v. PALMER. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jackson County; D. E. Bird, Judge.
Action by A. D. Flinton and others against W. K. Palmer. Judgment for plaintiffs, and defendant appeals. Reversed and remanded.
Sebree, Conrad & Wendorff, of Kansas City, for appellant. G. B. Silverman, of Kansas City, for respondents.
Plaintiff's action is stated in a petition containing two counts, each on a promissory note. The judgment was for the plaintiff.
The petition being in two counts, the verdict should have been found on each. Instead of this, the trial court instructed the jury to return a verdict in one sum, the amount of both counts. This was error, for which the judgment will be reversed and the cause remanded. The instruction should not have been given, and the judgment should have been arrested. Boyce v. Christy, 47 Mo. 70; Seibert v. Allen, 61 Mo. 482; Murphy v. Ry. Co., 228 Mo. 152, 128 S. W. 481. It seems that after the institution of this suit defendant filed a petition in bankruptcy in the federal court. He set this up in his answer. He likewise applied to the trial court for a stay of proceedings as provided by the bankrupt law. This was refused. Defendant now claims to have been duly discharged in bankruptcy. As the cause is to be remanded, an answer setting up the discharge can be filed, and the cause adjudicated as the law may require.
Reversed and remanded. All concur.
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Kansas City v. Halvorson
...34 Mo. 134; Pope v. Salesman, 35 Mo. 362; Meyers v. Field, 37 Mo. 434; Hoagland v. Ry., 39 Mo. 451; Peyton v. Rose, 41 Mo. 257; Flinton v. Palmer, 177 S.W. 777; Flowers v. Smith, 214 Mo. 98, 112 S.W. 499; State ex rel. v. Peterson, 142 Mo. 526, 39 S.W. 453; St. Louis v. Senter Comm. Co., 34......
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Kansas City v. Halvorson
... ... 134; Pope v ... Salesman, 35 Mo. 362; Meyers v. Field, 37 Mo ... 434; Hoagland v. Ry., 39 Mo. 451; Peyton v ... Rose, 41 Mo. 257; Flinton v. Palmer, 177 S.W ... 777; Flowers v. Smith, 214 Mo. 98, 112 S.W. 499; ... State ex rel. v. Peterson, 142 Mo. 526, 39 S.W. 453; ... St. Louis v ... ...
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Williams v. National Life & Accident Ins. Co.
...although the recovery for each was asked in separate counts. This was error for which the judgment must be reversed. [Flinton et al. v. Palmer, 177 S.W. 777; v. Northern Mo. R. R. Co., 48 Mo. 510; Sturgeon v. St. Louis, K. C. & Northern R. R. Co., 65 Mo. 569; Owens v. Hannibal & St. Joseph ......
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Williams v. Nat. L. & A. Ins. Co.
...although the recovery for each was asked in separate counts. This was error for which the judgment must be reversed. [Flinton et al. v. Palmer, 177 S.W. 777; Bigelow v. Northern Mo. R.R. Co., 48 Mo. 510; Sturgeon v. St. Louis, K.C. & Northern R.R. Co., 65 Mo. 569; Ownes v. Hannibal & St. Jo......