Morrow v. Franklin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. . (1) The point that the petition does not state facts sufficient to constitute a cause of action was raised when we objected at the beginning of the trial to the introduction of any evidence; again at the conclusion of plaintiff’s evidence, when we requested the court to instruct the jury that under the pleading and the evidence, plaintiff could nit recover; and again at the conclusion of all the…
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. . (1) The point that the petition does not state facts sufficient to constitute a cause of action was raised when we objected at the beginning of the trial to the introduction of any evidence; again at the conclusion of plaintiff’s evidence, when we requested the court to instruct the jury that under the pleading and the evidence, plaintiff could nit recover; and again at the conclusion of all the evidence, when we asked a similar instruction. Even if we had not thus raised the point, it is not waived, as the learned…
1Opinion of the CourtGraves, J.
Action for damages based upon alleged fraud and deceit in the sale of certain shares of stock in the Bankers Trust Company by appellant to plaintiff. As originally brought the suit was against five directors of the said Bankers Trust Company, viz., John E. Franklin (the present sole appellant), Charles S. Marsh, Lester S. Parker, Joseph B. Graham and Stephen B. Hunter. Before trial the case was dismissed as to Hunter. Plaintiff had a verdict, in a trial before a jury, for $103,388.88. This verdict was signed by nine of the twelve jurors. Motions for new trial were filed, and the court…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Nauman v. OberleSupreme Court of Missouri · 1886
- Remmers v. RemmersSupreme Court of Missouri · 1909
- Carr v. SangerAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by12 opinions
- Cohen v. Metropolitan Life Insurance CompanyMissouri Court of Appeals · 1969
- Jeck v. O'MearaSupreme Court of Missouri · 1938
- State Ex Rel. Union Pac. Railroad Co. v. BlandSupreme Court of Missouri · 1930
- Bass v. CoupelLouisiana Court of Appeal · 1995
- Parker v. GreenMissouri Court of Appeals · 1960
7 more not listed; retrieve them via the Exa API.