Legal Opinion

Herboth v. American Radiator Co.

Missouri Court of Appeals

Decided November 16, 1909PublishedCited by 11 opinions

Appeal from St. Louis City Circuit Court. — Eon. Geo. E. Williams, Judge. (1) The court erred in excluding the evidence offered by the plaintiff. Walker v. Seymour, 13 Mo. 592; McGregor v. Board of Ed., 107 N. Y. 517; Buhler v. Gibbons, 3 N. Y. Supp. 815; Hooker v. Banner, 76 Cal. 116; Willoughby v. Furnishing Co., 93 Me. 185; In re Jewell, Fed. Cas. 7302; Genau v. Dist. Columbia, 20 Ct. Cl. 389; Reed v. Harrison, 196 Pa.

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Appeal from St. Louis City Circuit Court. — Eon. Geo. E. Williams, Judge. (1) The court erred in excluding the evidence offered by the plaintiff. Walker v. Seymour, 13 Mo. 592; McGregor v. Board of Ed., 107 N. Y. 517; Buhler v. Gibbons, 3 N. Y. Supp. 815; Hooker v. Banner, 76 Cal. 116; Willoughby v. Furnishing Co., 93 Me. 185; In re Jewell, Fed. Cas. 7302; Genau v. Dist. Columbia, 20 Ct. Cl. 389; Reed v. Harrison, 196 Pa. St. 337. (2) The court erred in giving instruction to the jury to find for the defendant. Walker v. Seymour, 13 Mo. 592; McGregor v. Board of Ed., 107 N. Y. 517; Buhler v.…

1Opinion of the CourtGooee, J.

Frederick C. Bonsack leased to the. St. Louis Radiator Manufacturing Company by an instrument dated February 17, 1896, a tract of land with buildings on it in the city of St. Louis, which tract fronted 335 feet on the west side of Talmadge avenue where it intersected the Missouri Pacific Railroad Company’s tracks, and had a depth of 146 feet along the north line of said railroad. On the premises stood a brick foundry and warehouse building which were included in the leasehold. The term was to run nine years and seven months and expire September 24, 1905, and the rental was to be $235 a month,…

2Cases cited12 opinions

  1. McGregor v. . B'd of Ed'n of City of N.Y.New York Court of Appeals · 1887
  2. Ely v. ElyIllinois Supreme Court · 1875
  3. Enyeart v. DavisNebraska Supreme Court · 1885
  4. Chrisman v. HodgesSupreme Court of Missouri · 1882
  5. Marshall v. RuggWyoming Supreme Court · 1896

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3Cited by11 opinions

  1. Peterson v. BettsWashington Supreme Court · 1946
  2. Berry v. CrouseSupreme Court of Missouri · 1964
  3. Schimmelfennig v. Grove Farm Co., Ltd.Hawaii Supreme Court · 1955
  4. Cruzan v. Franklin Stores CorporationNew Mexico Supreme Court · 1963
  5. King v. Richards-Cunningham Co.Wyoming Supreme Court · 1934

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