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35 Mo. 447

Corby v. Taylor

Supreme Court of Missouri

Decided February 15, 1865

Supreme Court of Missouri · decided 1865-02-15

Corby, as administrator of Flaherty, commenced in the Buchanan Court of Common Pleas three suits.

Relies on Miller v. Covert · Smith v. Jones · Wagner v. Jacoby

Good law ✅— No negative treatment on recordhow we know

Decided 1865-02-15

How this case has been cited

Cited by 15 later decisions — most recently September 1933

14 state decisions

4018651870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Deyden, Judge,

¶1delivered the opinion of the court.

¶2As we understand the pleadings and admissions of the parties in this case, the demand of Taylor against Flaherty was not the sum of numerous items growing out of one single contract, but, as a whole, consisted of items of numerous distinct transactions. With this understanding of the facts, in our view of the law arising thereon, we are obliged to affirm the judgment of the Common Pleas. The authorities all agree that where the demand is an entirety, although consisting of several items, if judgment be recovered for a part of it, the judgment is a bar to an action for the remainder; but as in the case under consideration, where the demand results from several and distinct transactions, the current of authority seems to sustain the proposition that the demand is divisible, the items pertaining to each several transaction being the subject of a distinct action. (Morgan v. Jacoby, 26 Mo. 532; Brown v. Fisher, 10 Mo. 57; Miller v. Covert, 1 Wend. 487; Smith v. Jones, 15 Johns. 229; Farmington v. Payne, id. 452; Miller v. Sperry, 16 id. 121; Phillips v. Berrick, id. 136.)

¶3Let the judgment be affirmed ;

Judge Bay concurring.
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