Wheless v. Meyer-Schmid Grocer Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. C. Orrick Bishop, Judge. Appellant contends that the trial court committed error. First. — In excluding evidence tending to show the real contract or agreement between Morningstar and the American Fruit Product Company, that is, subsequent to the written memorandum, showing their mode of dealing, indicating and showing absolutely their understanding between themselves.
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Appeal from St. Louis City Circuit Court. — Hon. C. Orrick Bishop, Judge. Appellant contends that the trial court committed error. First. — In excluding evidence tending to show the real contract or agreement between Morningstar and the American Fruit Product Company, that is, subsequent to the written memorandum, showing their mode of dealing, indicating and showing absolutely their understanding between themselves. Second. — In giving the instructions asked by the plaintiff to the effect that the memorandum entered into between the parties July 28, 1904, was an absolute sale of the vinegar…
1Opinion of the CourtNortoni, J.
This is a garnishment proceeding at law. Plaintiff recovered and the garnishee appeals. It appears that plaintiff instituted his suit by attachment against defendant, William Morningstar, and summoned the Meyer & Schmid Grocer Company as garnishee of said Morningstar. The attachment was sustained and judgment given for the plaintiff against the defendant, Morningstar. The Meyer & Schmid Grocer Company, garnishee, defended, however, and denied that it was the debtor of the defendant, Morningstar. The garnishee asserted that while it had purchased a considerable quantity of vinegar from…
2Cases cited18 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Conrad v. FisherMissouri Court of Appeals · 1889
- Riggs v. MyersSupreme Court of Missouri · 1855
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Freund Motor Co. v. Alma Realty & Investment Co.Missouri Court of Appeals · 1940
- Burkhardt v. DeckerMissouri Court of Appeals · 1927
- Estis v. HarndenMissouri Court of Appeals · 1911
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