Brinkman v. Hunter
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. 1. Plaintiffs should have been compelled to elect upon which count they would proceed to trial. Clements v. Yeates, 69 Mo. 625 ; Ahern v. Collins, 89 Mo. 145; Ford v. Ma.ttice, 14 How. Pr. 91; Sturges v. Burton, 8 Ohio St. 215; Nash v. McCauley, 9 Abb.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. 1. Plaintiffs should have been compelled to elect upon which count they would proceed to trial. Clements v. Yeates, 69 Mo. 625 ; Ahern v. Collins, 89 Mo. 145; Ford v. Ma.ttice, 14 How. Pr. 91; Sturges v. Burton, 8 Ohio St. 215; Nash v. McCauley, 9 Abb. Pr. 159; Ferguson v. Gilbert, 16 Ohio St. 88, 91. 2. If the telegram be treated as a promise in writing so as to come within the statute, (R. S. 1879, § 535,) still it cannot be deemed an acceptance of the draft, because the draft was for $680.92, another and different amount from…
1Opinion of the CourtHough, J.
The amended petition upon which the case was tried, contains two counts. The first count states in substance that on the 23rd day of September, 1875, Clark *175& Goldsby drew their draft on defendants for $680*92 in favor of plaintiffs by the name of Samuel Maher,«¡¿ashler; that before that time, and on the 20th day of September, defendants, by their unconditional promise in writing, had agreed with plaintiffs to accept and pay the same to the-extent and amount of $608.92; that said promises were made by telegraph ; that on the faith of said promises, plaintiffs received said draft for a valuable…
2Cases cited8 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Flato v. MulhallSupreme Court of Missouri · 1880
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Brady v. ConnellySupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Vindicator Consolidated Gold Mining Co. v. FirstbrookSupreme Court of Colorado · 1906
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
28 more not listed; retrieve them via the Exa API.