Legal Opinion

Knowles v. Bullene, Moore, Emory & Co.

Missouri Court of Appeals

Decided May 17, 1897PublishedCited by 10 opinions

Appeal from the Jaclcson Circuit Court. — Hon. E. L„ Scareitt, Judge. (1) The instructions for plaintiff, and defendants’ instruction 2, as modified and given by the court, permitted and required the jury to find express authority from the firm to the floorwalker to arrest on information, of which authority there was no proof, and it was affirmatively disproven. This was error. Mfg. Co. v. Ball, 43 Mo.

Read the full summary

Appeal from the Jaclcson Circuit Court. — Hon. E. L„ Scareitt, Judge. (1) The instructions for plaintiff, and defendants’ instruction 2, as modified and given by the court, permitted and required the jury to find express authority from the firm to the floorwalker to arrest on information, of which authority there was no proof, and it was affirmatively disproven. This was error. Mfg. Co. v. Ball, 43 Mo. App. 504. (2) The modification by the court of defendants’ instruction 6, telling the jury that they could not find that there was no arrest unless plaintiff went to the office “of her own…

1Opinion of the CourtGill, J.

This is an action for an illegal arrest and false imprisonment alleged to have been committed against the plaintiff by defendant’s employees -in charge of one floor of their large department store at Kansas City. Plaintiff’s evidence was to the effect that in the afternoon of April 29, 1892, she visited defendants’ store, and while there, waiting to meet a lady friend, she was arrested by the floorwalker, taken against her will into the superintendent’s office, and there detained on the charge of stealing a piece of lace; that she was forced to take off her coat and turn the pockets wrong…

2Cases cited8 opinions

  1. Cosgrove v. . OgdenNew York Court of Appeals · 1872
  2. Garretzen v. DuenckelSupreme Court of Missouri · 1872
  3. Mali v. . LordNew York Court of Appeals · 1868
  4. Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
  5. Wheeler & Wilson Manufacturing Co. v. BoyceSupreme Court of Kansas · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
  2. S. H. Kress & Co. v. PowellSupreme Court of Florida · 1938
  3. Collette v. ReboriMissouri Court of Appeals · 1904
  4. Lewis v. Montgomery Ward & Co.Supreme Court of Kansas · 1936
  5. Peak Ex Rel. Peak v. W. T. Grant Co.Missouri Court of Appeals · 1964

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API