Oil Well Supply Co. v. Wolfe
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in admitting evidence of the value of the leasehold property; it was irrelevant. (2) Defendant’s first instruction is misleading, contradictory and not supported by the evidence; it absolutely took from the jury plaintiff’s theory of the case. BirtwMstle v. Woodward, 95 Mo. 113; Brownfield v. Ins. Co., 26 Mo.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in admitting evidence of the value of the leasehold property; it was irrelevant. (2) Defendant’s first instruction is misleading, contradictory and not supported by the evidence; it absolutely took from the jury plaintiff’s theory of the case. BirtwMstle v. Woodward, 95 Mo. 113; Brownfield v. Ins. Co., 26 Mo. App. 399. (3) Defendant’s third instruction should not have been given; unimportant issues should not be singled out in instructions to the detriment of prominent and important ones. Mead v. Brotherton, 30…
1Opinion of the Court
DIVISION ONE.
Brace, P. J.
This is an action on three promissory notes, one for $812.59, dated June 25, 1890, one for $885.05, dated August 8, 1890, and one for $885.06, dated August 18, 1890.
*619Defendant’s answer admits the execution of the notes and alleges that the same were given for “certain machinery and material furnished by plaintiff to be used in boring for oil in the state of Pennsylvania and alleges the want of consideration in one of said notes for the sum of $400, charged by said plaintiff for certain wire rope of the value of $400 which he never received from them but the value of…
2Cases cited7 opinions
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1876
- Chouquette v. BaradaSupreme Court of Missouri · 1859
- Jones v. JonesSupreme Court of Missouri · 1874
- Thompson v. KelloggSupreme Court of Missouri · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
- Perin v. CathcartSupreme Court of Iowa · 1902
- Thompson v. Kansas City Public Service Co.Missouri Court of Appeals · 1938
- Home Building & Loan Ass'n v. BarrettMissouri Court of Appeals · 1911
- Zinke v. Knights of the Maccabees of the WorldMissouri Court of Appeals · 1918