Matlock v. Meyers
Supreme Court of Missouri
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
- House v. FortIndiana Supreme Court · 1837
- Humphreys v. ComlineIndiana Supreme Court · 1847
- Foster v. Estate of CaldwellSupreme Court of Vermont · 1846
- Ender v. ScottIllinois Supreme Court · 1849
3Cited by7 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Barton v. DowisSupreme Court of Missouri · 1926
- Moore v. KogerMissouri Court of Appeals · 1905
- Galbreath v. CarnesMissouri Court of Appeals · 1902
- Union National Bank v. HuntMissouri Court of Appeals · 1879
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