Reyburn v. Belotti & Gugeri
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1st. The court erred in overruling the demurrer to the replications. 2nd. The evidence of Fontana’s hand writing, was incompetent. 3rd. It was insufficient to entitle the bill of exchange to be read to the jury. 4th. The second instruction to the jury, asked by the defendant, ought to have been given. 5th.
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ERROR to St. Louis Circuit Court. 1st. The court erred in overruling the demurrer to the replications. 2nd. The evidence of Fontana’s hand writing, was incompetent. 3rd. It was insufficient to entitle the bill of exchange to be read to the jury. 4th. The second instruction to the jury, asked by the defendant, ought to have been given. 5th. There was no evidence before the jury, from which they could legally find the issues joined upon the two replications to the second plea, and the issue joined upon the replication to the fifth plea, for the plaintiffs. 1st. The decision of the Circuit Court…
1Opinion of the CourtMcBride, J.
Belotti and G-ugeri brought an action of assumpsit against Reyburn, adm’r. of Felix Fontana, dec’d., in the Circuit Court of St. Louis county. The declaration contained three counts; the first upon a bill of exchange drawn by the plaintiffs on the defendants intestate, dated at Falmouth, Oct. 16, 1824, payable six months after date, and accepted by him; the second count was for work and labor, &c., done and performed, goods, wares and merchandise sold, for money paid, laid out and expended, and lent and advanced to him; the third count was upon an account stated.
The defendant below, pleaded…
2Cited by2 opinions
- Johnson v. BeeWest Virginia Supreme Court · 1919
- State v. ScottSupreme Court of Missouri · 1870