State ex rel. Hayden v. Smith
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The third instruction for plaintiff was erroneous in declaring the measure of damages to be the value in the retail market. (Sedg. on Dam. 530 ; Gardner v. Field, 1 Gray, Mass. 151; Porter v. Curry, 7 La. 233.) It is not error to refuse instructions that are only a repetition of others that are given.
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Appeal from St. Louis Circuit Court. The third instruction for plaintiff was erroneous in declaring the measure of damages to be the value in the retail market. (Sedg. on Dam. 530 ; Gardner v. Field, 1 Gray, Mass. 151; Porter v. Curry, 7 La. 233.) It is not error to refuse instructions that are only a repetition of others that are given. (8 Mo. 339 ; 13 Mo. 82, 465; 17 Mo. 310; 18 Mo. 93.) The law as to tire statute of frauds was correctly declared in the instructions given by the court.
1Opinion of the CourtBat, Judge
On the 14th of May, 1858, J. W. Norcross & Co. obtained judgment before a justice of the peace of St. Louis county against Henry Hudson, and on the same day caused execution to be issued thereon, which on the 20th of the same month was levied by direction of the plaintiffs in execution on certain goods in store No. 100 on Market street, in the city of St. Louis. The goods were claimed by Hayden, who notified the constable thereof; whereupon the defendants— Smith as principal, and Sedgwick and Shepley as securities— executed an indemnification bond agreeably to the provisions of “ An act…
2Cases cited3 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Walker v. BorlandSupreme Court of Missouri · 1855
- John Conard, Marshal of the Eastern District of Pennsylvania, in Error v. Francis H. Nicoll, in ErrorSupreme Court of the United States · 1830
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- Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
- G. E. Lothrop Theatres Co. v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1935
- Watson v. HarmonSupreme Court of Missouri · 1885
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- Stevens v. SpringerMissouri Court of Appeals · 1886
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