Legal Opinion

Schultze v. Steele

Missouri Court of Appeals

Decided March 9, 1897PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Cowrt. — Hon. Pembkook R. Flitcbaet, Judge. The testimony of plaintiff that he had made the shipments prior to the one in controversy on the faith and credit of Mr. Steele’s connection with the firm, if there was evidence to justify a belief that such was the case, was a question for the jury, and the court erred in permitting plaintiff to testify. Dulaney v. Rogers, 64 Mo. 201, 205; Roth v. Calvin, 32 Vt. 125, 133; Bankv.

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Appeal from the St. Louis City Circuit Cowrt. — Hon. Pembkook R. Flitcbaet, Judge. The testimony of plaintiff that he had made the shipments prior to the one in controversy on the faith and credit of Mr. Steele’s connection with the firm, if there was evidence to justify a belief that such was the case, was a question for the jury, and the court erred in permitting plaintiff to testify. Dulaney v. Rogers, 64 Mo. 201, 205; Roth v. Calvin, 32 Vt. 125, 133; Bankv. Isham, 48 Id. 590, 593; Thompson v. Bank, 111 U. S. 529, 540; 1 Thomp. on Trials, sees. 377, 378, 1239. The court also erred in…

1Opinion of the CourtBland, P. J.

The petition is as follows: “Plaintiff for his cause of action states that defendants are and at the times hereinafter mentioned were, copartners doing a live stock commission business in the city of St. Louis, Missouri, under the firm name of Hull, Steele & Co.

“That heretofore, to wit, on or about March —, 1893, plaintiff consigned and shipped to defendants, for sale on commission, four cattle and fifty hogs; that said cattle and hogs were received by defendants on March 9, 1893, and by them duly sold for the account of plaintiff for the gross sum of $920.18; that after allowing for certain…

2Cases cited7 opinions

  1. Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
  2. Wolff v. CampbellSupreme Court of Missouri · 1892
  3. Gates v. WatsonSupreme Court of Missouri · 1874
  4. Rimel v. HayesSupreme Court of Missouri · 1884
  5. Bissell v. WardeSupreme Court of Missouri · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Short v. ThomasMissouri Court of Appeals · 1914
  2. St. Louis Brewing Assn. v. SchaferMissouri Court of Appeals · 1922

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