Leabo v. Goode
Supreme Court of Missouri
Appeal from Moniteau Court of Common Pleas. — IIon. Geo. ~W. Miller, Judge. 1. The affidavit for continuance showed sufficient cause. 2. The instruction given at the instance of respondent was clearly erroneous, because it was decisive of the case, and excluded entirely from the consideration of the jury the questions raised by the evidence of appellant.
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Appeal from Moniteau Court of Common Pleas. — IIon. Geo. ~W. Miller, Judge. 1. The affidavit for continuance showed sufficient cause. 2. The instruction given at the instance of respondent was clearly erroneous, because it was decisive of the case, and excluded entirely from the consideration of the jury the questions raised by the evidence of appellant. Clark v. Hammerle, 27 Mo. 55 ; Sigerson v. Pomeroy, 13 Mo. 620; Mead v. Brotherton, 30 Mo. 201; Rapp v. Vogel, 45 Mo. 524. 3. The instructions asked by appellants should have been given. Moore v. Packman, 52 Mo. 323 ; Powell v. Charless, 34…
1Opinion of the CourtNorton, J.
This is an action to recover money alleged to have been paid by plaiutiff, as security for defendants. Judgment by default was had against Goode. Cochell filed answer, and upon trial judgment was rendered against him, from which he has appealed to this court. It appears to be admitted by the pleadings that, in the month of November, 1870, defendants were partners under the name of M. Goode & Co., and that the partnership continued till the 1st of February, 1872; that on the 29th of November, 1870, defendants,-under the name of M. Goode & Co., executed their note for $600, in which they were…
2Cases cited2 opinions
- Appleton v. KennonSupreme Court of Missouri · 1854
- Powell v. BlowSupreme Court of Missouri · 1864
3Cited by37 opinions
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- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
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