Whipple v. Peter Cooper Building & Loan Ass'n, Number 4
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. Daniel D. Fishek, Judge. The court erred in submitting the case to the jury upon an issue of fact not raised by the petition. Glass v. Gelvin, 80 Mo. 297; Clements v. Yeates, 69 Mo. 625;. Stix v. Matthews, 75 Mo. 99.
1Opinion of the CourtRombauer, P. J.
The only substantial question arising on this appeal is, whether the court erred in submitting, by an instruction to the jury for their finding, an issue not made by the pleadings. The point arises in this manner: The petition charges the following facts. The plaintiff, being about to build a. *555house, borrowed from the defendant the money for so doing. By the terms of the loan the defendant undertook to become the plaintiff’s disbursing agent, and agreed to superintend the erection of the house, and to audit and pay all bills out of the money loaned. It was part of the defendant’s duty, under…
2Cases cited10 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Henry v. SneedSupreme Court of Missouri · 1889
- Clements v. YeatesSupreme Court of Missouri · 1879
- Hubbard v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Glass v. GelvinSupreme Court of Missouri · 1883
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3Cited by6 opinions
- McCormick v. Interstate Consolidated Rapid Transit Railway Co.Supreme Court of Missouri · 1900
- Davis v. TandyMissouri Court of Appeals · 1904
- Silverthorne v. Summit Lumber Co.Missouri Court of Appeals · 1915
- Citizens' State Bank v. PettitMissouri Court of Appeals · 1900
- Taussig v. WindMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.