McLain Investment Co. v. Cunningham
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Eon. J. W. Alexander, Judge. (1) The two declarations of law requested by appellant should have been given, they were applicable to the facts in evidence 'in the case and stated correct principles of law and although there was other evidence in the case on which the court might have found against appellant, still a party to a suit is entitled to have his evidence considered under correct theories of law.
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Appeal from Clay Circuit Court. — Eon. J. W. Alexander, Judge. (1) The two declarations of law requested by appellant should have been given, they were applicable to the facts in evidence 'in the case and stated correct principles of law and although there was other evidence in the case on which the court might have found against appellant, still a party to a suit is entitled to have his evidence considered under correct theories of law. Ashby v. Ashby, 59 N. J. Ch. 536; Pond & Hasey v. O’Connor, 70 Minn. 266; Mfg. Co. v. Carroll, 72 Mo. App. 315; Tyler v. White, 68 M'o. App. 607. (2) The…
1Opinion of the CourtBroad Dus, P. J.
— This is a suit in replevin for the possession of a certain steamheating boiler used for the purpose of heating a hotel in the city of Excelsior *521Springs, which at the time of the institution of the suit was occupied by defendants as plaintiff’s tenants. Defendants took possession of the building in the fall of 1901 under a lease for two years by which they accepted the building and agreed to keep it in repair and to turn it over at the expiration of their lease in as good condition as when they received it.
At the time defendants took possession of the* building there was in the basement of…
2Cases cited7 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Rogers v. CrowSupreme Court of Missouri · 1867
- Pond & Hasey Co. v. O'ConnorSupreme Court of Minnesota · 1897
- Goodin v. Elleardsville Hall Ass'nMissouri Court of Appeals · 1878
- Donnewald v. Turner Real-Estate Co.Missouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Kolb v. Golden Rule Baking Co.Missouri Court of Appeals · 1928
- Endler v. State Bank Trust Co. of WellstonSupreme Court of Missouri · 1944
- Ottumwa Iron Works v. MuirMissouri Court of Appeals · 1907
- Weeks-Betts Hardware Co. v. Roosevelt Lead & Zinc Co.Missouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.