Legal Opinion

Roe v. Bank of Versailles

Supreme Court of Missouri

Decided March 11, 1902PublishedCited by 23 opinions

Appeal from Morgan Circuit Court.- — Hon. D. W. Shackle-ford, Judge. (1) Tbe lower court wholly failed to specify of record the ground or grounds upon which the new trial was granted, as expressly required by the statute in such cases. R. S. 1899, sec. 801; Candee v. Railroad, 130 Mo. 153. (2) Plaintiff was not entitled to a new trial on the ground that error was committed in the admission or exclusion of evidence.

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Appeal from Morgan Circuit Court.- — Hon. D. W. Shackle-ford, Judge. (1) Tbe lower court wholly failed to specify of record the ground or grounds upon which the new trial was granted, as expressly required by the statute in such cases. R. S. 1899, sec. 801; Candee v. Railroad, 130 Mo. 153. (2) Plaintiff was not entitled to a new trial on the ground that error was committed in the admission or exclusion of evidence. A simple examination of the record will make it manifest that the rulings in this regard can not be complained of by plaintiff. An objection by defendant, to an inquiry concerning…

1Opinion of the CourtSherwood, P. J.

Action for damages to plaintiff’s business and credit consequent on the refusal of defendant bank to pay certain checks drawn by plaintiff on it, notwithstanding plaintiff alleged he had funds in the bank subject thereto; five counts make up the petition.

Each count alleged plaintiff was a trader, his business being the buying of stock in Morgan and other counties, and he was a customer of defendant bank.

That in October, 1897, he drew a check upon said bank, which was duly presented and payment thereof refused by defendant and the check protested; that he had funds in the bank at the time…

2Cases cited12 opinions

  1. First National Bank v. GaySupreme Court of Missouri · 1876
  2. Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  3. Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
  4. First National Bank v. FrickeSupreme Court of Missouri · 1881
  5. State v. SmithSupreme Court of Missouri · 1883

7 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
  2. State v. ForshaSupreme Court of Missouri · 1905
  3. Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
  4. Payne v. NicholsonSupreme Court of Florida · 1930
  5. State v. CavenerSupreme Court of Missouri · 1947

18 more not listed; retrieve them via the Exa API.

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