W. F. Wilson & Son v. Russler
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The first instruction given for the defendants is erroneous. The contract, it will thus be seen, required the defendants, not the plaintiffs, to keep the mill property insured, and the instruction is therefore directly in the face of the written agreement of the parties and should not have been given. Authorities pasma.
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Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The first instruction given for the defendants is erroneous. The contract, it will thus be seen, required the defendants, not the plaintiffs, to keep the mill property insured, and the instruction is therefore directly in the face of the written agreement of the parties and should not have been given. Authorities pasma. (2) Again, the testimony of Loth plaintiffs and defendants was to the effect that defendants distinctly refused their consent to any insurance after November 1, 1896; in fact, repudiated their written…
1Opinion of the CourtSmith, P. J.
— The plaintiffs sued the defendants on three several promissory notes, two of which were for $500 each, and the other for $160.
The defendants in their answer pleaded: (1) That at the time they (defendants) purchased said mill the plaintiffs agreed with them (defendants) that if they (defendants) would furnish the necessary amount to pay the cost of the insurance that they (plaintiffs) would take out a policy thereon in some responsible insurance company in the name of the defendants, if the latter would assign such policy to plaintiffs as a further security for the payment of said notes, the…
2Cases cited18 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Lanitz v. KingSupreme Court of Missouri · 1887
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Bunce v. BeckSupreme Court of Missouri · 1869
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- Wilt v. HammondMissouri Court of Appeals · 1914
- Zerr v. KlugMissouri Court of Appeals · 1906
- Martin v. Bunker-Culler Lumber Co.Missouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.