Creelman Lumber Co. v. DeLisle
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. H. G. Riley, Judge. Action for conversion and judgment of trial court for defendant. (1) In view of the pleadings the court erred in permitting defendant, over plaintiff’s objection, to show condition of other lumber, previous inspection, waste, etc. McGuire v. DeFrese, 77 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. H. G. Riley, Judge. Action for conversion and judgment of trial court for defendant. (1) In view of the pleadings the court erred in permitting defendant, over plaintiff’s objection, to show condition of other lumber, previous inspection, waste, etc. McGuire v. DeFrese, 77 Mo. App. 683; Obert v. Dunn, 140 Mo. 476, 41 S. W. 901; Eddy v. Baldwin, 32 Mo. 369; Green v. Gallagher, 35 Mo. 226. (2) Evidence which tends only to confuse and obscure the real issues should never be admitted. Bank v. Bank, 64 Mo. App. 253; Cole v. Railroad, 60 Mo. 227;…
1Opinion
OPINION ON MOTION FOR REHEARING.
Defendant in his motion for rehearing contends that the judgment should be affirmed, notwithstanding error intervened at the trial, for the reason the contract shows that the plaintiff had no title to the lumber for the conversion of which it sued. If the jury correctly interpreted the contract then the submission of its construction to them, though an erroneous submission, was not prejudicial, but if the jury was in error in its construction of the contract then the verdict is opposed to the written evidence in the case and plaintiff’s motion for new trial…
Also in this document: Concurrence.
2Cases cited14 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Crofoot v. . BennettNew York Court of Appeals · 1849
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- Sanborn v. BenedictIllinois Supreme Court · 1875
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