St. Charles Savings Bank v. Orthwein Investment Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) The allegations of the petition were denied by the answer, the defendant was entitled to have the jury pass upon the evidence of plaintiff, although it may not have offered any evidence at all. The peremptory instruction was erroneous. Whitson v. Bank, 105 Mo. App. 617; Hugumin v. Hines, 97 Mo. App. 355; Barker v. Lewis Pub.
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Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) The allegations of the petition were denied by the answer, the defendant was entitled to have the jury pass upon the evidence of plaintiff, although it may not have offered any evidence at all. The peremptory instruction was erroneous. Whitson v. Bank, 105 Mo. App. 617; Hugumin v. Hines, 97 Mo. App. 355; Barker v. Lewis Pub. Co., 131 S. W. 925. (2) The defendant was entitled to have the jury determine the credibility of the testimony offered, even though he offered nothing to contradict that presented by…
1Opinion of the CourtCaulfield, J.
(after slating the facts). — I. Defendant pleaded and still contends that the cause of action as to the money received on the draft dated May 29, 1902, for $900 was barred by the five years Statute of Limitations. This draft was not collected from the drawee bank until June 2, 1902. Until then the cause of action for money had and received did not accrue, and the period of limitation did not commence. The suit was brought within that period, or on May 31, 1907, and was therefore brought in time.
II. The defendant next contends that the court erred in peremptorily instructing the jury to find…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Lee v. SmithSupreme Court of Missouri · 1884
- Mercantile Mutual Insurance v. Hope InsuranceMissouri Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Champ Spring Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- DeBaca v. HigginsSupreme Court of Colorado · 1914
- McCullam v. Third National BankMissouri Court of Appeals · 1921
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
6 more not listed; retrieve them via the Exa API.