Supreme Court of Missouri December 17, 1901 (Beattie Manufacturing Co. v. Gerardi)

BURGESS, J.

This is an appeal by plaintiff from the judgment of the court below in sustaining a demurrer of the defendant, Clark, to the second amended petition of the plaintiff.

The facts are stated by defendants substantially as follows:

On November 18, 1893, plaintiff instituted a suit in the circuit court of the city of St.