Moore v. Otis
Supreme Court of Missouri
Error to St. Louis Circuit Court. The case is stated in the opinion. The following instruction asked for the defendant was refused: “If the jury shall believe from the evidence that, at the time of the execution of the note sued upon, and the issuing of the attachment process, Benjamin E. Otis and Robert Scott alone composed the firm of B. E. Otis & Go., and not B. E. Otis &-Otis, as is alleged in the affidavit upon which the attachment was sued out, and that, at the time of…
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Error to St. Louis Circuit Court. The case is stated in the opinion. The following instruction asked for the defendant was refused: “If the jury shall believe from the evidence that, at the time of the execution of the note sued upon, and the issuing of the attachment process, Benjamin E. Otis and Robert Scott alone composed the firm of B. E. Otis & Go., and not B. E. Otis &-Otis, as is alleged in the affidavit upon which the attachment was sued out, and that, at the time of the execution of said note and ever since, the said Robert Scott has been a resident of, and resided and still resides…
1Opinion of the CourtRyland, Judge
This suit was commenced before Mann Butler, Esq., a justice of the peace, in August, 1850. An attachment was .issued, *154affidavit being made by Chester Harding, Jr. The suit was originally against B. F. Otis &-Otis. The affidavit on which the attachment issued was as follows : “ Chester Harding, Jr., being duly sworn, upon his oath says, that Benjamin F. Otis and-Otis, f(composing the firm of B. F. Otis & Co.,) are justly indebted to John E. Moore, after allowing, &c., in the sum of one hundred and forty-eight dollars and twenty cents, on account of a promissory note made by said B. F. Otis &…
2Cited by2 opinions
- Greene v. BeckwithSupreme Court of Missouri · 1866
- Hill v. BellSupreme Court of Missouri · 1892