Legal Opinion

Finley v. St. Louis Refrigerator & Wooden Gutter Co.

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 9 opinions

Appeal from Si. Louis City Circuit Court. — Hon. George W. Lttbke, Judge. (1) The court erred in refusing plaintiff ’ s instruction number 10 (page 67 of transcript). There ivas no-conflict in the evidence as to the new contract between plaintiff and defendants extending the time of payment. This was a vital point in the case, and the-refusal of the court so to instruct the jury was-error, most prejudicial to the plaintiff’s case.

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Appeal from Si. Louis City Circuit Court. — Hon. George W. Lttbke, Judge. (1) The court erred in refusing plaintiff ’ s instruction number 10 (page 67 of transcript). There ivas no-conflict in the evidence as to the new contract between plaintiff and defendants extending the time of payment. This was a vital point in the case, and the-refusal of the court so to instruct the jury was-error, most prejudicial to the plaintiff’s case. (2) Plaintiff’s instruction number 11, refused by the-court, was fully warranted by the evidence, was a correct declaration of the law applicable to the…

1Per curiam

This case presents two causes of action; the first, for an “unlawful and wrongful” arrest and imprisonment, and the second for malicious prosecution of the plaintiff in the St. Louis court of criminal correction, on a charge of obtaining money by false pretenses. The-answer was a general denial.

At the trial, plaintiff’s evidence disclosed that he had been arrested upon a warrant, regularly issued in a criminahprosecution before the St. Louis court of criminal correction, upon information duly filed.

The court admitted, against plaintiff’s objection, evidence that he was not of good credit at…

2Cited by9 opinions

  1. Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
  2. Kittler v. KelschNorth Dakota Supreme Court · 1927
  3. Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
  4. Lujan v. GordonCalifornia Court of Appeal · 1977
  5. Christian v. HannaMissouri Court of Appeals · 1894

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