Merchants' National Bank v. Abernathy
Missouri Court of Appeals
Appeal" from Jac7cson Circuit Court. — Hon. Turner A. G-ill, Judge. The case is stated in the opinion. (1) Instructions one and two given by the court are erroneous in that they fail to give to the jury the proper manner of determining the measure of damages. And further, instruction one tells the jury peremptorily to find for the plaintiff, without giving them the opportunity to pass upon the issues of fact presented by the evidence in the case.
Read the full summary
Appeal" from Jac7cson Circuit Court. — Hon. Turner A. G-ill, Judge. The case is stated in the opinion. (1) Instructions one and two given by the court are erroneous in that they fail to give to the jury the proper manner of determining the measure of damages. And further, instruction one tells the jury peremptorily to find for the plaintiff, without giving them the opportunity to pass upon the issues of fact presented by the evidence in the case. (2) In instruction number two, given for plaintiff, the court requires the jury to find the value of the property “at such sum as they may believe…
1Opinion
On rehearing.
Hall, J.
— We adhere to the original opinion in this case. To illustrate what is therein said under the second point we set out the following provisions of the chattel mortgage : “ The property hereby sold and conveyed, to remain in my possession until default be made in the payment of the said debt, and interest, or some part thereof; but in case of a sale or disposal or attempt to sell or dispose of said property, or a removal of, or attempt to remove the same from the saloon and restaurant above described or any unreasonable depreciation in value thereof, the said David Grauman…
Also in this document: Concurrence.
2Cases cited8 opinions
- State ex rel. Russell v. MooreSupreme Court of Missouri · 1854
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Foster v. PotterSupreme Court of Missouri · 1866
- King v. BaileySupreme Court of Missouri · 1843
- Yeldell v. StemmonsSupreme Court of Missouri · 1852
3 more not listed; retrieve them via the Exa API.