Johnson v. Haskins
| Decision Date | 03 May 1938 |
| Docket Number | No. 35199.,35199. |
| Citation | 119 S.W.2d 235 |
| Parties | JOHNSON v. HASKINS. |
| Court | Missouri Supreme Court |
Action by Sarah M. Johnson, the mother of Harold C. Johnson, against Frank H. Haskins, an attorney, arising out of an alleged failure of said attorney to prosecute an action on behalf of said plaintiff against the Von Hoffman Aircraft Company, a corporation, under the statutes, see sections 3262, 3263, 3264, R.S.1929, Mo.St.Ann. §§ 3262-3264, pp. 3353, 3371, 3377, for the death of said Harold C. Johnson, a minor, occasioned by the alleged negligence of said Von Hoffman Aircraft Company, with the damages laid at $5,750 actual and $10,000 punitive. Cast on demurrer, plaintiff prosecutes this review.
In actions such as this it appears to be well settled that plaintiff's petition must state facts sufficient to show, among other things, plaintiff had a good cause of action against whom plaintiff asserted a claim. National Hollow Brake Beam Co. v. Bakewell and Cornwall, 224 Mo. 203, 228, 123 S.W. 561, 567(16), was an action against attorneys for alleged misfeasance. They, on behalf of plaintiff, holder of the legal title of a patent, and its lessee, had obtained an injunction and a reference to a master to take a report and account of the profits made by an infringer of the patent. However, without the knowledge of plaintiff, the attorneys represented the lessee in effecting a compromise whereby the injunction was made perpetual but all damages and profits were released in order to secure certain patronage, which otherwise would have been alienated, for the lessee. The court held: "In order to recover against the defendants, its petition must show: First, that it had a right to pursue the accounting for itself, not only independently of, but against, the wishes of the equipment company [the lessee]; and, second, that if it had pursued such an accounting, it would have recovered substantial damages or profits, or both." Schmitt v. McMillan, 175 App.Div. 799, 801, 162 N.Y.S. 437. Consult also: Gabbert v. Evans, 184 Mo.App. 283, 294, 166 S.W. 635, 638(11); Roehl v. Ralph, Mo.App., 84 S.W.2d 405, 409(4); Maryland Casualty Co. v. Price, 4 Cir., 231 F. 397, 402(4, 6, 7), 145 C.C.A. 391, 396(4, 6,...
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