Broughton Bros. v. Sumner
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. .(1)- The court erred in refusing to give tbe instruction numbered 2 as originally asked by appellants and in interlining tbe words “and became a partner of Mathews,” and then giving it. (2) The court refused to give to the jury instruction 5,-asked by them, wbicb was based upon tbe evidence of Jas.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. .(1)- The court erred in refusing to give tbe instruction numbered 2 as originally asked by appellants and in interlining tbe words “and became a partner of Mathews,” and then giving it. (2) The court refused to give to the jury instruction 5,-asked by them, wbicb was based upon tbe evidence of Jas. K. Broughton and which submitted to the jury whether there was a ratification by Sumner of the act of Mathews in giving a note which purported to bind him. Bank v. Gay, 63 Mo. 33; Campbell v. Pope, 96 Mo. 468; Bless v. Jenkins,…
1Opinion of the CourtSmith, P. J.
This is an action on a promissory note alleged to have been made by Mathews & Sumner, the latter being defendant. The defense pleaded was that of non est factum. The defendant had judgment in the circuit court and plaintiffs have appealed.
The plaintiffs assail the judgment on the ground that the court erred in its action refusing their fifth instruction, which told the jury that if they believed from the evidence that A. O. Mathews and W. Gh Sumner were partners in business, then even though they may believe that said Mathews had no right to bind the firm of Mathews & Sumner for the debt in…
2Cases cited9 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Hammerslough v. CheathamSupreme Court of Missouri · 1884
- German Bank v. DunnSupreme Court of Missouri · 1876
- Kiley v. ForseeSupreme Court of Missouri · 1874
- Rimel v. HayesSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Seufert v. GilleSupreme Court of Missouri · 1910
- Platt v. FrancisSupreme Court of Missouri · 1912
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1908
- Friedman v. M. Engel & Co.Missouri Court of Appeals · 1902