Legal Opinion

Kingman-Moore Implement Co. v. Ellis

Missouri Court of Appeals

Decided May 20, 1907PublishedCited by 14 opinions

Appeal from Jackson Circuit Court. — Hon. Jaclcson L. Smith, Special Judge. (1) Defendant’s motion to dismiss and for judgment should have been sustained.

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Appeal from Jackson Circuit Court. — Hon. Jaclcson L. Smith, Special Judge. (1) Defendant’s motion to dismiss and for judgment should have been sustained. Whitsett v. Blu'menthal, 63 Mo. 479; Timmons v. Chouteau, 13 Mo. 223; Shreve v. Cheesman, 69 Fed. 785; Implement Co. v. Harvester Co., 133 Fed. 376; Bank v. Fritzlen, 135 Fed. 650. ’ (2) Instruction number 2 given for plaintiff contains an erroneous statement of the law and is in direct conflict with instruction number 1 given -for defendant. Instruction number 3 given for plaintiff is also erroneous. ‘Hughes, Instructions to Juries, sec.…

1Opinion of the CourtEllison, J.

This action is for one thousand seven hundred and twenty-five dollars claimed of de*695fendant by the plaintiff. Tbe latter prevailed in the trial court.

Plaintiff sold a lot of vehicles and farm implements to the Blackwell Hardware Company on credit, the credit having been obtained by false and fraudulent representations made by the hardware company with the fraudulent purpose of obtaining the credit. There was a payment of fifty-two dollars afterwards made on the purchase. Plaintiff took notes of the hardware company, maturing at different times. The hardware company sold goods which it had thus…

2Cases cited23 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. Kley v. . HealyNew York Court of Appeals · 1891
  3. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  4. Cahn v. ReidMissouri Court of Appeals · 1885
  5. Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894

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

3Cited by14 opinions

  1. Kesinger v. BurtrumMissouri Court of Appeals · 1956
  2. Blakeley v. BradleySupreme Court of Missouri · 1955
  3. Sturgis v. WhislerMissouri Court of Appeals · 1910
  4. Watson v. BuggSupreme Court of Missouri · 1955
  5. Dahler v. Meistrell.Missouri Court of Appeals · 1929

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

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