Acme Food Co. v. Barber
Missouri Court of Appeals
Appeal from Buchanan-Circuit Court. —Hon. Ghesley A. Mosman, Judge. (1) Instruction number 3 was correct. (2) Even if instruction number 3 were erroneous, defendant’s verdict should stand, because plaintiff made no case to go to the jury. Lomax v. Railroad, 119 Mo. App. 200, and cases cited; Meyer v. Pritchett, 178 Mo. 160; Smith v. Atchison Railroad Co., 122 Mo. App. 87; Parker v. Brit-ton, 133 Mo. App. 270. (1) Plaintiff was entitled to go to the jury.
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Appeal from Buchanan-Circuit Court. —Hon. Ghesley A. Mosman, Judge. (1) Instruction number 3 was correct. (2) Even if instruction number 3 were erroneous, defendant’s verdict should stand, because plaintiff made no case to go to the jury. Lomax v. Railroad, 119 Mo. App. 200, and cases cited; Meyer v. Pritchett, 178 Mo. 160; Smith v. Atchison Railroad Co., 122 Mo. App. 87; Parker v. Brit-ton, 133 Mo. App. 270. (1) Plaintiff was entitled to go to the jury. Weber v. Cable Co., 100 Mo. 206; McFarland v. Bellows, 49 Mo. 211; Baum v. Fryreal, 85 Mo. 151. (2) Instruction number 3 for defendant was…
1Opinion of the CourtJohnson, J.
— In this case, the cause of action pleaded is founded on a negotiable promissory note of $130, executed and delivered by defendant, February 11, 1903, and due one hundred days after date. The execution of this note is denied under oath in the answer and defendant alleges new matter as an affirmative defense, the nature of which will appear in the statement of the evidence. The trial of the issues to a jury resulted in a verdict for defendant, but on the hearing of the motion for a new trial filed by plaintiff, the court set aside the verdict and granted a new trial on the ground of error in…
2Cases cited1 opinion
- Standard Manufacturing Co. v. HudsonMissouri Court of Appeals · 1905
3Cited by1 opinion
- Ellis Gray Milling Co. v. SheppardSupreme Court of Missouri · 1949