Schroeder v. Michel
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Ltjbke, Judge. (1) The first instruction given for plaintiff was erroneous. Sullivan v. Railroad, 88 Mo. 169. This is a general .instruction, and warrants a recovery for plaintiff, if the jury find the facts upon which it is hypothecated ; but it completely ignores the defense of the statute of limitations set up by answer and in support of which there was ample evidence.
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Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Ltjbke, Judge. (1) The first instruction given for plaintiff was erroneous. Sullivan v. Railroad, 88 Mo. 169. This is a general .instruction, and warrants a recovery for plaintiff, if the jury find the facts upon which it is hypothecated ; but it completely ignores the defense of the statute of limitations set up by answer and in support of which there was ample evidence. The jury may have believed that the breach occurred more than five years prior to the commencement of suit, but under this instruction they were nevertheless to find…
1Per curiam
— This action is based on a breach of promise to marry. The defense was a general denial and plea of limitation. At the trial the court gave ( among others) the following instructions:
For plaintiff:—
“1. If the jury find and believe from the evidence *47that plaintiff and defendant being unmarried, and residing in the city of St. Louis, defendant, during the year 1874, and at various times subsequent thereto, requested plaintiff to marry him as soon as he, defendant, would be enabled to make satisfactory arrangements for the support of a family, and at such time subsequent thereto as he,…
2Cited by9 opinions
- Voegeli v. Pickel Marble & Granite Co.Missouri Court of Appeals · 1892
- Gibbs v. PotterIndiana Supreme Court · 1906
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Lemser v. St. Joseph Furniture Manufacturing Co.Missouri Court of Appeals · 1897
- Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920
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