# Corby v. Taylor

> Supreme Court of Missouri · February 15, 1865 · 35 Mo. 447

URL: https://www.frixlaw.com/law-library/cases/8001636

## Case

- **Full name:** John Corby, Adm'r of Jeremiah Flaherty, dec'd v. W. J. Taylor
- **Court:** Supreme Court of Missouri
- **Decided:** February 15, 1865
- **Citations:** 35 Mo. 447
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Deyden
- **Judges:** Bay, Deyden
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8001636

## Opinion text

Deyden, Judge,
delivered the opinion of the court.
As 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.)
Let the judgment be affirmed ;
Judge Bay concurring.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8001636. Public record. Not legal advice.