Legal Opinion

Matlock v. Meyers

Supreme Court of Missouri

Decided April 15, 1877PublishedCited by 7 opinions

Appeal from Phelps County Circuit Court. Pars. Contr. 577, 581 and note; 2 Stark. Ev. 902, 903 ; Smith’s Am. Law, 638 and note ; McFarland vs. Newman, 9 Watts. 55 ; Chit. Contr. 137 ; 30 Mo. 406; 2 East. 314; Moses vs. Mead, 1 Denio, 385 ; Emerson vs. Bingham, 10 Mass. 207 ; Sweet vs. Colgate, 20 Johns. 203 ; Foske vs. Caldwell, 18 Vt. 276. Barnard vs. Duncan, 38 Mo. 170; Cecil vs. Spurger, 32 Mo. 462; Wannell vs. Kem, 57 Mo. 478.

1Opinion of the CourtHenry, Judge

This was a suit before a justice of the peace. The statement filed with the justice was as follows :

“The plaintiff states that on March 11th, 1873, defendant sold to plaintiff a mare for $85, which the defendant then 'and there represented to be sound when she was not sound, and that she was unsound in her-eyes, and he was thereby damaged in the sum of fifty dollars for which he asks judgment.”

There was a trial in the justice’s court which resulted in a verdict and judgment against defendant, from which he appealed to the circuit court of Phelps county, where plaintiff again obtained a…

2Cases cited4 opinions

  1. House v. FortIndiana Supreme Court · 1837
  2. Humphreys v. ComlineIndiana Supreme Court · 1847
  3. Foster v. Estate of CaldwellSupreme Court of Vermont · 1846
  4. Ender v. ScottIllinois Supreme Court · 1849

3Cited by7 opinions

  1. Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
  2. Barton v. DowisSupreme Court of Missouri · 1926
  3. Moore v. KogerMissouri Court of Appeals · 1905
  4. Galbreath v. CarnesMissouri Court of Appeals · 1902
  5. Union National Bank v. HuntMissouri Court of Appeals · 1879

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API