Legal Opinion

John Deere Plow Co. v. McCullough

Missouri Court of Appeals

Decided November 9, 1903PublishedCited by 2 opinions

Appeal from Grundy Circuit Court . — Hon. P. C. Stepp, Judge. (1) The court erred in giving the peremptory instruction in the nature of a demurrer at the close of the evidence offered by plaintiffs, and in refusing to submit the whole case to the jury under the pleadings and evidence. Young v. Webb City, 150 Mo. 333; Bank v. Simpson, 152 Mo. 638; Buckley v. Kansas City, 156 Mo. 16; Pauck v. Dressed Beef & Prov. Co., 159 Mo. 467; Dorsey v. Railway, 83 Mo.

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Appeal from Grundy Circuit Court . — Hon. P. C. Stepp, Judge. (1) The court erred in giving the peremptory instruction in the nature of a demurrer at the close of the evidence offered by plaintiffs, and in refusing to submit the whole case to the jury under the pleadings and evidence. Young v. Webb City, 150 Mo. 333; Bank v. Simpson, 152 Mo. 638; Buckley v. Kansas City, 156 Mo. 16; Pauck v. Dressed Beef & Prov. Co., 159 Mo. 467; Dorsey v. Railway, 83 Mo. App. 528; Steube v. Iron & Foundry Co., 85 Mo. App. 640; Taylor v. Short, 38 Mo. App. 21; Mathews v. Railway, 26 Mo. App. 75; Baum v.…

1Opinion of the CourtEllison, J.

This is an action on a contract of guaranty. The trial court sustained a demurrer to the evidence introduced in plaintiff’s behalf, and judgment was rendered for defendant.

It. appears that one J. L. King contracted with Mansur & Tebbetts Manufacturing Company of St. Louis for a number of their vehicles. The contract provided for modes of payment by King and for notes he should give at times mentioned therein. Defendant by his writing guaranteed the payment for such goods and such notes as might be given under the terms of the contract. The contract is dated January 18,1901; and the guaranty…

2Cases cited5 opinions

  1. Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
  2. N. O. Nelson Manufacturing Co. v. ShreveMissouri Court of Appeals · 1902
  3. Deering Harvester Co. v. SulserMissouri Court of Appeals · 1899
  4. John A. Tolman Co. v. MeansMissouri Court of Appeals · 1893
  5. Peninsular Stove Co. v. Adams Hardware & Furniture Co.Missouri Court of Appeals · 1902

3Cited by2 opinions

  1. Linro Medicine Co. v. MoonMissouri Court of Appeals · 1915
  2. J. S. Rowell Manufacturing Co. v. IsaacsMissouri Court of Appeals · 1910

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