William Deering & Co. v. Collins
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) At the trial the court, on the request of defendants, excluded all evidence in support of th e second ground of attachment alleged in the affidavit, in the language of the statute. It would startle the ordinary practitioner if he should be furnished a precedent or authority for such doctrine, such ruling, such misunderstanding of the plain letter of the law.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) At the trial the court, on the request of defendants, excluded all evidence in support of th e second ground of attachment alleged in the affidavit, in the language of the statute. It would startle the ordinary practitioner if he should be furnished a precedent or authority for such doctrine, such ruling, such misunderstanding of the plain letter of the law. (2) The first instruction given for the defendants is wrong. This instruction laid an unreasonable burden on the plaintiffs; one not contemplated or favored by the…
1Opinion of the Court
Smith, P. J. —
This was a suit by the plaintiff, a business corporation, against defendants, by attachment, on an account stated.
The petition alleged that ‘ ‘ plaintiff and defendants had large dealings, in the course of which plaintiff delivered to defendants large quantities of goods, wares and merchandise of great value, to be by defendants held as the property of plaintiff, sold by them on commission for it, and to account for and pay over the receipts therefor to the plaintiff; that defendants sold said goods, wares and merchandise in large quantities of great value, and failed to account…
2Cases cited17 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Shelley v. BootheSupreme Court of Missouri · 1880
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Simmons v. SimmonsWest Virginia Supreme Court · 1904
- Conran v. FennMissouri Court of Appeals · 1911
- Home Lumber Co. v. HartmanMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.