White v. Reitz
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) It was clearly erroneous for the court to admit in evidence to prove the laws of Tennessee the hook offered by plaintiff. Charlotte v. Chauteau, 25 Mr. 465; 1 Greenleaf on Evidence, secs. 486-488; Pierce v. Indseth, 106 U. S. 551; Bright v. White, 8 Mo. 425. (2) The court erred in giving instruction numbered 1 on the part of the plaintiff.
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Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) It was clearly erroneous for the court to admit in evidence to prove the laws of Tennessee the hook offered by plaintiff. Charlotte v. Chauteau, 25 Mr. 465; 1 Greenleaf on Evidence, secs. 486-488; Pierce v. Indseth, 106 U. S. 551; Bright v. White, 8 Mo. 425. (2) The court erred in giving instruction numbered 1 on the part of the plaintiff. In actions for fraudulent misrepresentations, where it is sought to set aside an instrument, the execution of which is obtained by false and fraudulent representations, or where it is…
1Opinion of the CourtBland, P. J.
The action is for fraud and deceit in the exchange of land. Plaintiff’s damages are laid at $5,000 in the petition. The jury found the issues for plaintiff and assessed his damages at $1,133.09, and judgment was rendered and entered of record for this amount. A timely motion for new trial was filed and being taken up by the court, “the court announced that the verdict was too great an amount and unless plaintiff would remit the sum of four hundred and thirty-three ($433.09) dollars and nine cents, the motion for a new trial would be sustained, but if such remittitur was made it would, be…
2Cases cited11 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Converse v. BlumrichMichigan Supreme Court · 1866
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Dawson v. WaldheimMissouri Court of Appeals · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Merrick v. Bridgeways, Inc.Supreme Court of Missouri · 1951
- Wilson v. MurchMissouri Court of Appeals · 1962
- Weber v. MosleyMissouri Court of Appeals · 1951
- Fox v. McCurninSupreme Court of Iowa · 1930
- MacKinnon v. WeberMissouri Court of Appeals · 1934
3 more not listed; retrieve them via the Exa API.