Dunnevant v. Mocksoud
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) The defendants’ damages herein are not speculative or remote, but were the immediate, necessary and natural result of the wrongful act of the plaintiff. Grieveaud v. Railroad, 33 Mo. App. 466. Probable profits from a legitimate element of damages, when their extent can be shown with reasonable certainty. Stewart v. Patten,- 65 Mo. App. 21; Gildersleeve v. Overstoltz, 90 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) The defendants’ damages herein are not speculative or remote, but were the immediate, necessary and natural result of the wrongful act of the plaintiff. Grieveaud v. Railroad, 33 Mo. App. 466. Probable profits from a legitimate element of damages, when their extent can be shown with reasonable certainty. Stewart v. Patten,- 65 Mo. App. 21; Gildersleeve v. Overstoltz, 90 Mo. App. 518; Shouse v. NeisAvanger, 18 Mo. App. 236; Dengler v. Auer, 55 Mo. App. 548; Ruff v. Rinaldo, 55 N. Y. 664; Industrial Works v. Mitchell,…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. In a suit at law for a money judgment, where there is but one count in the petition, and but one in a counterclaim *434filed, there can. be but one judgment (R. S. 1899, sec. 726). The plaintiffs’ demand was admitted by the pleadings, hence there was nothing to submit to the jury but the issues raised by the counterclaim and the reply thereto. The direction to the jury, to return a verdict for the plaintiff for $2,651.62, was premature, and the procedure irregular, and defendants might have taken an exception thereto and, in the event the court had refused, on…
2Cases cited18 opinions
- Hughes v. HoodSupreme Court of Missouri · 1872
- Miller v. St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1901
- McClure v. CampbellSupreme Court of Missouri · 1899
- Clemens v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1873
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
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3Cited by1 opinion
- Rehm v. FishmanMissouri Court of Appeals · 1965