Oexner v. Loehr
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Wm. M. Kinsey, Judge. (1) From the terms in which the first and second instructions, given on behalf of plaintiff, were drawn, the jury might naturally infer that any agreement or understanding governing the liability of the appellant must have been had directly between her and the plaintiff; and that such an agreement or understanding communicated to the parties through a third person, would be of no force or effect.
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Appeal from St. Louis City Circuit Court. — Eon. Wm. M. Kinsey, Judge. (1) From the terms in which the first and second instructions, given on behalf of plaintiff, were drawn, the jury might naturally infer that any agreement or understanding governing the liability of the appellant must have been had directly between her and the plaintiff; and that such an agreement or understanding communicated to the parties through a third person, would be of no force or effect. That the instructions were improper and misleading, has already passed into the realm stare decisis. Otto v. Bent, 48 Mo. 23.…
1Opinion of the CourtGoode, J.
(after stating the facts). — This action was originally instituted against Fred Loehr, Jr., and Emilie Donk as co-defendants. The case was in this court on a former appeal and is reported in 106 Mo. App. at page 112. It was instituted to enforce payment of two promissory notes; one for $1,000, dated January 2, 1900, and the other for $500, dated March 11, 1901. Plaintiff was the payee of the notes, which both fell due one year from their respective dates. A full statement of the circumstances under which the notes were executed is given in the former opinion. On the present appeal it is…
2Cases cited19 opinions
- Joice v. BransonSupreme Court of Missouri · 1880
- Kischman v. ScottSupreme Court of Missouri · 1901
- Riddle v. MossSupreme Court of the United States · 1812
- Otto v. BentSupreme Court of Missouri · 1871
- Boyer v. BoogherMissouri Court of Appeals · 1881
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3Cited by3 opinions
- Norvell v. CooperMissouri Court of Appeals · 1911
- Berst v. MoxomMissouri Court of Appeals · 1911
- Oexner v. LoehrMissouri Court of Appeals · 1908