Gallais v. Trinidad Asphalt Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon, Moses N. Bale, Judge. (1) The suit should have been brought in the name of John B. S. Gallias. Having failed in this the non-suit instruction should have been given. King v. Clark, 7 M’o. 269; State v. Smith, 31 Mo. 120; Tower v. Pauley, 51 Mo. App. 75. (2) Instruction No. 1 was also defective in that it failed to submit the question whether the appellant had knowledge of the use to which the floor was to be put.
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Appeal from St. Louis City Circuit Court.—Hon, Moses N. Bale, Judge. (1) The suit should have been brought in the name of John B. S. Gallias. Having failed in this the non-suit instruction should have been given. King v. Clark, 7 M’o. 269; State v. Smith, 31 Mo. 120; Tower v. Pauley, 51 Mo. App. 75. (2) Instruction No. 1 was also defective in that it failed to submit the question whether the appellant had knowledge of the use to which the floor was to be put. Hight v. Dakon, 426 Mass. 10; Morris v. Fertilizer Co., 64 Fed. 55. (3) The court should not have submitted to the jury_ at all the…
1Opinion of the Court
BLAND, P. J.—1.
Plaintiff testified his name was John B. S. Gallais. On this evidence defendant moved the court, at the close of plaintiff’s case, to instruct the jury that plaintiff could not recover. The refusal of the court to grant this instruction is assigned as error. In support of this point, plaintiff cites in his brief, King v. Clark, 7 Mo. 269; State v. Smith, 31 Mo. 120; and Tower v. Pauly, 51 Mo. App. 75. In King v. Clark the declaration was on a bill of exchange and described it as being drawn by George- A. Cook under the name of G. A. Cook. On the trial plaintiff offered in…
2Cases cited4 opinions
- Tower v. PaulyMissouri Court of Appeals · 1892
- State v. SmithSupreme Court of Missouri · 1860
- Orme v. ShephardSupreme Court of Missouri · 1842
- King v. ClarkSupreme Court of Missouri · 1841