Alkire Grocer Co. v. Tagart
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in entertaining jurisdiction of this suit after the trial of the other case and judgment therein. Justice of the peace had no jurisdiction.
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Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in entertaining jurisdiction of this suit after the trial of the other case and judgment therein. Justice of the peace had no jurisdiction. The evidence shows, and is undisputed that at the time this suit was brought all the claim plaintiff had or pretended to have against defendant was due, and that the plaintiff’s agent and the justice split up the demand so as to give the justice jurisdiction the whole amount then claimed exceeding his jurisdiction. This could not be done. R. S. 1889, secs. 6142 and 3; 59 Mo.…
1Opinion of the CourtSmith, P. J.
The plaintiff corporation, a wholesale grocer, through its traveling salesman, sold and delivered to the defendant, a retail merchant, seven several bills of merchandise. Two of these bills, one amounting to $76.88, and the other to $97.08, were of the date of September 12, 1890. The other five were of dates prior to these two. Each and every one of them were sent- to the defendant in advance of the receipt of the merchandise by him. On their face they showed the terms and conditions of the sales. In some instances they were on sixty and in others on thirty days time with two per cent, off,…
Also in this document: Concurrence.
2Cases cited8 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Wagner v. JacobySupreme Court of Missouri · 1858
- Beck v. DevereauxNebraska Supreme Court · 1879
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Friedman Keller & Co. v. OlsonMissouri Court of Appeals · 1915
- Szombathy v. MerzSupreme Court of Missouri · 1941
- Union Loan, Storage & Mercantile Co. v. FarbsteinMissouri Court of Appeals · 1910
- Stepp v. LivingstonMissouri Court of Appeals · 1897
4 more not listed; retrieve them via the Exa API.