Kingsley v. Missouri Fire Co.
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. I. On the 13th of January, 1847, John Kingsley brought suit on a note executed by Ross &. Cowie, a co-partnership firm composed of Joseph Ross & James Cowie, dated May 15, 1846, against said James Cowie, by attachment, in the St. Louis circuit court, and on the same day the Missouri Fire Company was summoned as garnishee.
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APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. I. On the 13th of January, 1847, John Kingsley brought suit on a note executed by Ross &. Cowie, a co-partnership firm composed of Joseph Ross & James Cowie, dated May 15, 1846, against said James Cowie, by attachment, in the St. Louis circuit court, and on the same day the Missouri Fire Company was summoned as garnishee. At the April term of said court, (1847) to-wit: On the 31st of April, said plaintiff filed allegations and interrogatories for said garnishee to answer, and on the 26th of said April, said plaintiff, by leave of…
1Opinion of the Court
Ryland, J.,
delivered tbe opinion of the court.
From the above statement, tbe principal question before us involves the correctness of the instruction given by the court below to the jury einpannelled to enquire and assess the damages.
The plaintiff contends that the court erred in the instruction which permitted nominal damages to be found only. He thinks that the default of the company to answer the interrogatories authorized the plaintiff to prove an indebtedness by the company to Cowie and another, although the summons, the allegations, and interrogatories, fall look to the fact of the…
2Cited by3 opinions
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Clarence Austin v. Otis SmithCourt of Appeals for the D.C. Circuit · 1962
- Clarence Austin v. Otis SmithCourt of Appeals for the D.C. Circuit · 1962