Warne v. Prentiss
Supreme Court of Missouri
ERROR to St. Louis Court of Cbmmon Pleas. Of the errors assigned, the plaintiff relies on the following: 1st. The court erred in not permitting Bredell to be stvorn in chief. If interested at all, his interest was such as went to his credibility, not to his competency. 2d. The court erred in the instruction which it gave to the jury.
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ERROR to St. Louis Court of Cbmmon Pleas. Of the errors assigned, the plaintiff relies on the following: 1st. The court erred in not permitting Bredell to be stvorn in chief. If interested at all, his interest was such as went to his credibility, not to his competency. 2d. The court erred in the instruction which it gave to the jury. That instruction states no legal proposition, to which the jury may apply the facts, but on the contrary, assumes to decide upon the force of the testimony, and the applicability of the law to them. It takes the whole case away from the jury. Morton vs. Reed, 6…
1Opinion of the CourtNapton, J.
Warne sued Prentiss, in assumpsit, for the use and occupation of a house and lot in St. Louis. The declaration contained four counts; the first averred a special contract, by which a tenancy was created under Warne, from the 12th July, 1841, to the 12th October, 1843, at a rent of one thousand dollars per annum, payable quarterly, in consideration of which tenancy, defendant undertook to pay the rent punctually; that the defendant had occupied the premises until the 12th October, 1842, yet the said defendant , not regarding his promises, &c., had failed to pay said rent, &e.
The second was a…
2Cases cited3 opinions
- Peyton v. HallettNew York Supreme Court · 1803
- Christy v. PriceSupreme Court of Missouri · 1842
- Ten Eyck v. BillNew York Supreme Court · 1830
3Cited by2 opinions
- Petershagen v. Star Clothing Co.Missouri Court of Appeals · 1915
- Wingo v. GilliozMissouri Court of Appeals · 1930