Dawson v. Wombles
Missouri Court of Appeals
Appeal from Lincoln Circuit. — Hon. Houston W. Johnson, Judge. (1) While the release is not in strict conformity to the law then in force, Laws 1887, p. 234, it was still a valid release prima facie, in view of the testimony of J. W. M. Palmer and the facts in evidence in this case. J. W. M. Palmer was certainly prima facie ag’ent for Jennie L Dawson, plaintiff. Beacham on agency, sec. 373 ; 7 Cyc.
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Appeal from Lincoln Circuit. — Hon. Houston W. Johnson, Judge. (1) While the release is not in strict conformity to the law then in force, Laws 1887, p. 234, it was still a valid release prima facie, in view of the testimony of J. W. M. Palmer and the facts in evidence in this case. J. W. M. Palmer was certainly prima facie ag’ent for Jennie L Dawson, plaintiff. Beacham on agency, sec. 373 ; 7 Cyc. Title, Commercal Paper, page 1031, Para, “B,” and note 59; Ferneau v. Whitford, 39 Mo. App. 310; Cummins v. Herd, 49 Ark. 139; Sharpe v. Knox, 49 Mo. App. 169; Hoppe v. Sailor, 53 Mo. App. 4;…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Appellant assigned as error the action of the court below in-peremptorily directing a yerdict for the plaintiff. Judge Thompson, in his work on trials, lays down the law thus: “When there is nothing for a jury to determine except the amount of the principal and the interest due on a note, it is competent for the court to instruct them as to the character of their yerdict.” 2 Thompson, Trials, sec. 2265. But this rule does not obtain in Missouri. Our Supreme Court has long since said: “It is plain that the jury must make a finding upon all the issues presented by…
2Cases cited23 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Bryan v. WearSupreme Court of Missouri · 1835
- Allen v. KennedySupreme Court of Missouri · 1886
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
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3Cited by10 opinions
- Locher v. KuechenmiesterMissouri Court of Appeals · 1906
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
- Dawson v. WomblesMissouri Court of Appeals · 1907
- McCormick Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1914
- Hahs v. Cape Girardeau & Chester RailroadMissouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.