Stout v. St. Louis Tribune Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. There being no evidence to support the judgment, it cannot stand even though no point had been raised by instructions. (Hunt vs. Leavenworth, 11 Mo., 629.) II. The plaintiff could only recover for commissions (under his agreement with defendant,) on advertising bills collected before the institution of this suit, unless he affirmatively proved negligence on the part of the defendant in making such collections.
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Appeal from St. Louis Circuit Court. I. There being no evidence to support the judgment, it cannot stand even though no point had been raised by instructions. (Hunt vs. Leavenworth, 11 Mo., 629.) II. The plaintiff could only recover for commissions (under his agreement with defendant,) on advertising bills collected before the institution of this suit, unless he affirmatively proved negligence on the part of the defendant in making such collections. (Hunt vs. City of Utica, 18 N. Y., 442; Baker vs. City of Utica, 19 N. Y-, 326.) I. We are not bound by the contract, because the defendant had…
1Opinion of the CourtTories, Judge
This action was brought before a Justice of the Peace, was brought to recover the amount of an account filed with the Justice for commissions charged to be due upon the amount *344of certain, advertisements procured by the plaintiff for defendant, and to be published in its paper.
The different items of an account for commissions, together with the advertisements on which it was charged, were set out in two bills of particulars, in one of which the commission charged was fifteen per cent., and in the other twenty-five per cent.
The first bill of particulars showed advertisements in the aggregate to…
2Cited by15 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- American Surety Co. v. Fruin-Bambrick Construction Co.Missouri Court of Appeals · 1914
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Fox v. Pullman Palace Car Co.Missouri Court of Appeals · 1884
- Roy v. BotelerMissouri Court of Appeals · 1890
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