Carson v. Smith
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hois. E. L. Scarritt, Judge. (1) The court erred in holding the jury law of 1891 was constitutional. (2) The plaintiff must be confined to the cause of action sued on. The cause of action stated is not one at law. France v. Thomas, 86 Mo. 80; Schradski v. Allbright, 93 Mo. 42. (3) A settlement with one of two joint tort feasors extinguishes the entire liability.
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Error to Jackson Circuit Court. — Hois. E. L. Scarritt, Judge. (1) The court erred in holding the jury law of 1891 was constitutional. (2) The plaintiff must be confined to the cause of action sued on. The cause of action stated is not one at law. France v. Thomas, 86 Mo. 80; Schradski v. Allbright, 93 Mo. 42. (3) A settlement with one of two joint tort feasors extinguishes the entire liability. Mets v. Soule, 40 Iowa, 236. (4) There is no necessity in rescinding a contract to return what is worthless. (5) Conflicting and inconsistent instructions are erroneous. Bluedorn v. Bailroad, 108 Mo.…
1Opinion of the CourtBurgess, J.
Action in the nature of conversion for the wrongful and willful taking and converting to their own use by defendants, at the town of Reid, in the county of G-reeley, in the state of Kansas, a stock of general merchandise of which plaintiff claimed to be the owner, and in the possession.
The trial was by the court and a jury, which ¡resulted in a verdict for the plaintiff in the sum of .$1,458.50, of which he remitted $395.18, judgment '.being rendered in his favor for $1,088.32. After an ¡unsuccessful motion for a new trial, defendants appealed to this court.
One of the questions involved which…
2Cases cited28 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Callahan v. IngramSupreme Court of Missouri · 1894
- Morgan v. DurfeeSupreme Court of Missouri · 1879
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3Cited by28 opinions
- United States v. Henke Const. Co.Court of Appeals for the Eighth Circuit · 1946
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- Independence Flying Service, Inc. v. AilshireSupreme Court of Missouri · 1966
- Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
23 more not listed; retrieve them via the Exa API.