Supreme Lodge Knights of Pythias v. Dalzell
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Eon. Rhodes E. Gave, Judge. (1) The court erred in refusing appellant a jury trial. The equitable questions in the case had been eliminated and there was no dispute as to the amount of money collected because, forsooth, appellant’s books showed it.
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Appeal from the Circuit Court of the City of St. Louis.— Eon. Rhodes E. Gave, Judge. (1) The court erred in refusing appellant a jury trial. The equitable questions in the case had been eliminated and there was no dispute as to the amount of money collected because, forsooth, appellant’s books showed it. The only question was the right to off-set this against the claim of appellant by virtue of his oral contract so that appellant was entitled under the issues to a trial by jury. Sec. 1967, R. S. 1909; Lee v. Conran, 213 Mo. 404; Thompson v. Stillwell, 258 Mo. 89; Kansas City v. Smith, 238 Mo.…
1Opinion of the CourtAllen, J.
Plaintiff, a fraternal order, brought this suit in equity, in the circuit court of the city of St. Louis, on September 26, 1916, against one Dalzell and the Grand Avenue Bank. The petition alleged, in substance, that defendant Dalzell, on April 1, 1915, and continuously thereafter, was employed as “Section Secretary of Section 331” of the respondent order, in the city of St. Louis, and that his duties were, among other things, to collect premiums due plaintiff’s insurance department from members of plantiff order who were insured therein, and to remit such premiums to plaintiff. It was…
2Cases cited11 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Holland v. AndersonSupreme Court of Missouri · 1866
- Ely v. SuttonMissouri Court of Appeals · 1913
- England v. HouserMissouri Court of Appeals · 1914
- Minnesota Thresher Manufacturing Co. v. Grant City Lumber & Hardware Co.Missouri Court of Appeals · 1899
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3Cited by11 opinions
- State Ex Rel. Willman v. SloanSupreme Court of Missouri · 1978
- American Pamcor, Inc. v. KloteMissouri Court of Appeals · 1969
- Jacobs v. CauthornSupreme Court of Missouri · 1922
- Meyer v. WeberMissouri Court of Appeals · 1937
- Kergil v. Central Oregon Fir Supply Co.Oregon Supreme Court · 1958
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