Legal Opinion

Bagley v. Harmon

Missouri Court of Appeals

Decided December 2, 1901PublishedCited by 2 opinions

Appeal from Harrison Circuit Court. — Hon. P. 0. Stepp, Judge. STATEMENT BY BROADDUS, J. In July, 1900, S. H. Bagley bought a stock of goods consisting of harness, saddles, whips, laprobes, bridles, and other articles of like character, tools and machinery used in the manufacture of harness, and other property contained in a building in Gilman City, Harrison county, Missouri. He purchased said stock of goods, tools, machinery, etc., from the then owner, one Wm.

Read the full summary

Appeal from Harrison Circuit Court. — Hon. P. 0. Stepp, Judge. STATEMENT BY BROADDUS, J. In July, 1900, S. H. Bagley bought a stock of goods consisting of harness, saddles, whips, laprobes, bridles, and other articles of like character, tools and machinery used in the manufacture of harness, and other property contained in a building in Gilman City, Harrison county, Missouri. He purchased said stock of goods, tools, machinery, etc., from the then owner, one Wm. Dorney, and executed a mortgage upon the same to secure said Dorney in the sum of $435.50, a part of the purchase money. Said…

1Opinion of the CourtBroaddus, J.

— The appellant complains of the action of the court in giving and refusing instructions. Defendant’s instructions Nos. 3, 4, 6, 7, 9 and 11 were properly refused because they only contained abstract propositions of law. The court gave instructions Nos. 1, 2, 3 and 4 for plaintiff.

Plaintiff’s first instruction is to the effect that under the pleading and evidence the verdict and finding must be for the plaintiff for the full amount sued for. The second instruction reads as follows: “That under the law of this State the ad-ministratrix is the trustee of and representative of all the creditors,…

2Cases cited5 opinions

  1. Kilbourne v. FayOhio Supreme Court · 1876
  2. Barton v. SitlingtonSupreme Court of Missouri · 1895
  3. Hughes v. MenefeeMissouri Court of Appeals · 1888
  4. Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
  5. Gutta Percha Rubber Manufacturing Co. v. Kansas City Fire Department Supply Co.Supreme Court of Missouri · 1899

3Cited by2 opinions

  1. Hemley v. HarmonMissouri Court of Appeals · 1903
  2. Bank of Malden v. Wayne Heading Co.Missouri Court of Appeals · 1918

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

Powered by the Exa API