First National Bank v. Hatch
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. Jab. M. Davis, Judge. (1) Plaintiff’s first instruction is error because it virtually strikes out tffe defenses and directs a verdict without regard to defenses pleaded or the testimony for defendant.
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Appeal from Livingston Circuit Court. — Hon. Jab. M. Davis, Judge. (1) Plaintiff’s first instruction is error because it virtually strikes out tffe defenses and directs a verdict without regard to defenses pleaded or the testimony for defendant. Beauchamp v. Higgins, 3 West Rep. 200; Hackman v. McGuire, 2 West Rep. 441; Thomas r>. Babb, 45 Mo. 384; Goelz-v. Railroad, 50 Mo. 472; Railroad v. Harwood, 80 111. 91 ; Sullivan v. Railroad, 88 Mo. 160. (2) The fourth instruction for plaintiff sub. mite a single fact, viz.: Whether the bill in suit was included in the agreement of August 29, 1873,…
1Opinion of the CourtBbace, J.
— This case is here for the second time. A sufficient statement appears in the opinion heretofore delivered in 78 Mo. 13. Upon the retrial, the defendant filed an amended answer in which, after admitting *378that the draft was drawn and endorsed as charged, denied all the other allegations of the petition and then set up three special defenses upon which the plaintiff joined issue. The court gave a series of instructions for the plaintiff and for the defendant. These instructions are counterparts of each other, except one for the plaintiff on the third special plea set out in the answer, on which…
2Cases cited4 opinions
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- First National Bank v. HatchSupreme Court of Missouri · 1883
- Henschen v. O'BannonSupreme Court of Missouri · 1874
3Cited by12 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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