Herf & Frerichs Chemical Co. v. Lackawanna Line
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. Proof of the fact that no notices were received, operating through the well-known presumption of ordinary course of mails, showed that no postal notices had been sent by defendant. 19 Am. and Eng. Ency. of Law, p. 80; McEarland v. Accident Ass’n, 121 Mo. 219; State v. Gritzner, .134 Mo. 523. The evidence introduced at the fourth trial did not warrant the submission of the case to the jury.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. Proof of the fact that no notices were received, operating through the well-known presumption of ordinary course of mails, showed that no postal notices had been sent by defendant. 19 Am. and Eng. Ency. of Law, p. 80; McEarland v. Accident Ass’n, 121 Mo. 219; State v. Gritzner, .134 Mo. 523. The evidence introduced at the fourth trial did not warrant the submission of the case to the jury. Ohemical Oo. v. Lackawanna Line, 78 Mo. App. 311.
1Opinion of the CourtBland, P. J.
— This is the third appeal in this ease. The judgment on the first appeal was reversed on account of erroneous instructions given at the instance of the plaintiff (70 Mo. App. 274). On the second appeal the judgment was reversed because this court held that there was no substantial evidence that the defendant had failed to give notice of the arrival of the shipment, as required by the custom of New York (78 Mo. App. 305). At the close of plaintiff’s evidence on the last trial, the court gave a peremptory instruction to the jury to find the issues for the defendant, on the ground that…
2Cases cited7 opinions
- Allen v. LoganSupreme Court of Missouri · 1888
- Wendover v. BakerSupreme Court of Missouri · 1894
- Ivy v. YanceySupreme Court of Missouri · 1895
- Guest v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1898
- Here & Frerichs Chemical Co. v. LineMissouri Court of Appeals · 1897
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