Bowling v. Hax
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. The third instruction given on behalf of plaintiff was as follows: “If the jury believe from the evidence, that'defendants owe plaintiffs for corn, or cash paid for freight on cars, or pigs feet, or shrinkage on hogs, they will allow on said • third count of plaintiffs’ petition such amount therefor, as the evidence satisfies them that the plaintiffs are entitled to.”
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Appeal from Buchanan Circuit Court. The third instruction given on behalf of plaintiff was as follows: “If the jury believe from the evidence, that'defendants owe plaintiffs for corn, or cash paid for freight on cars, or pigs feet, or shrinkage on hogs, they will allow on said • third count of plaintiffs’ petition such amount therefor, as the evidence satisfies them that the plaintiffs are entitled to.” The third instruction asked by defendant, and refused by the court, was as follows: “There is no legal evidence before the jury, that said paper was executed by said parties.” I. The statute…
1Opinion of the CourtNapton, Judge
The only questions of law in this case, arise on the failure of the plaintiffs to file the original contract on which the suit was brought with the petition, and on the proof of the contract when the' trial was had. There, are other questions arising on the instructions which however chiefly bring up the same question.
*448This action was upon a contract executed or alleged to be executed, by-both plaintiffs and defendants. The petition excuses the failure to file the original contract, on the ground, that it was not in possession of the plaintiffs, but a copy of it is filed. The contract, it…
2Cases cited2 opinions
- Henry & Emott v. BishopNew York Supreme Court · 1829
- Campbell v. WolfSupreme Court of Missouri · 1863
3Cited by6 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Missouri Pacific Railway Co. v. AtkisonMissouri Court of Appeals · 1885
- Buck v. People's Street Railway, Electric Light & Power Co.Missouri Court of Appeals · 1891
- Patrick Red Sandstone Co. v. SkomanColorado Court of Appeals · 1892
- Catron v. CatronMissouri Court of Appeals · 1973
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