Kansas City Hotel Co. v. Sigement

• Decision Date: 31 July 1873
• Citation: 53 Mo. 176
• Parties: THE KANSAS CITY HOTEL COMPANY, Respondent, v. JOSEPH SIGEMENT, Appellant.
• Court: Missouri Supreme Court

53 Mo. 176

THE KANSAS CITY HOTEL COMPANY, Respondent,

v.JOSEPH SIGEMENT, Appellant.

Supreme Court of Missouri.

July Term, 1873.

Appeal from Kansas City Court of Common Pleas.

F. A. Mitchell, and Johnson & Botsford, for Appellant.

I. The petition contains but one count in which are commingled four separate and distinct causes of action. (Kansas City Hotel Co. vs. Harris, 51 Mo., 464.)

II. The finding and judgment are both a part of the record, and, even had there been no motion in arrest, a single finding of one entire gross sum, where there are several causes of action stated in the petition, would be bad on appeal, or writ of error; as it would be an error apparent of record. (Bateson vs. Clark, 37 Mo., 31; State vs. Matson, 38 Mo., 489; Hoppe vs. Stone, 39 Mo., 378.)

Brown & Case, and Lay & Belch, for Respondent.

I. The subscription of defendant is a contract. (Ang. and Ames Corp., § 517.)

II. His entire liability arises on this conract, and all debts or demands, already due by the same contract, make but one entire demand or cause of action. (19 Wend., 207; 16 N. J., (Ct. of App.) 548; Callaghan vs. McMahon, 33 Mo., 111; State to use DeHaven vs. Davis, 35 Mo., 406.)

ADAMS, Judge, delivered the opinion of the court.

The defendant subscribed ten shares to the capital stock of plaintiff, which amounted to one thousand dollars; each share being one hundred dollars. The subscriptions to the stock were to be paid on calls to be made by the board of directors. The first call was ten per centum, which was paid by the defendant. The board of directors afterward made four more calls, as follows:

2nd. Call of ten per cent. made May 4, 1868, payable on or before May 15, 1868.

3rd. Call of ten per cent. made June 8, 1868, payable on or before June 16, 1868.

4th. Call of fifty per cent. made December 15, 1868, payable December 21, 1868.

5th. Call of twenty per cent. made June 4, 1869, payable June 7, 1869.

All these calls having become due, amounted to the aggregate sum of nine hundred dollars. The plaintiff brought this suit for these four calls aggregating nine hundred dollars, and joined them together as one cause of action in a single count.

The petition sets forth the calls as made, alleging that they are all due, and asks judgment for the whole amount.

There was a general verdict and judgment rendered in favor of the plaintiff for the whole amount.

The objection urged here, is that there should have been separate findings or verdicts on each call. This objection is not tenable. It is very true, that each call, as...