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68 Mo. 434

Fellows v. Jernigan

Supreme Court of Missouri

Decided October 15, 1878

Supreme Court of Missouri · decided 1878-10-15

<p>The petition in a suit against two persons need not state that the liability was jointly incurred by the defendants.</p>

Cited by 2 later decisions — most recently December 1928

2 state decisions

Relies on Gates v. Watson

Good law ✅— No negative treatment on recordhow we know

Decided 1878-10-15

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Hough, J.

¶1This suit was brought by the plaintiff, as the assignee of Fellows & Sperry, against Lawson D. Jernigan and H. C. Bottefuhr. The petition alleged that said defendants were, on, &c., indebted to said Fellows & Sperry for money laid out and expended by them at the request of the defendants, for, &c. A demurrer to this petition was sustained on-the ground that it did not allege any joint liability on the part of the defendants. The case of Gates *435et al. v. Watson et al., 54 Mo. 585, is decisive of this. An averment similar to the one now being considered, was then held to be sufficient. The judgment will, therefore, be reversed and the cause remanded.

All concur.

¶2Reversed.

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