Weight v. Fonda & Higgins
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Plaintiff’s instruction, numbered 1, is clearly erroneous. It submits to the jury the interpretation of the “rules” of the “Kansas City board of trade,” in that it requires the jury to find that “said Higgins, for and in behalf of said firm, directed the plaintiff to resell said wheat according to the rules of the Kansas City board of trade read in evidence.”
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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Plaintiff’s instruction, numbered 1, is clearly erroneous. It submits to the jury the interpretation of the “rules” of the “Kansas City board of trade,” in that it requires the jury to find that “said Higgins, for and in behalf of said firm, directed the plaintiff to resell said wheat according to the rules of the Kansas City board of trade read in evidence.” The question of selling the wheat “according to the rules of the Kansas City board of trade” was not raised by the pleadings, and was improperly admitted; but, even…
1Opinion of the CourtSmith, P. J.
The petition of the plaintiff alleged : “ That at the times hereinafter mentioned he was, ever •since has been, and now is, in the grain business in the City of Kansas, Missouri, doing business under the name and style of Thomas A. Wright & Co.; that at the times *638hereinafter mentioned defendants were, ever since have been, and now are, copartners in the grain business, doing business as such in the City of Kansas, Missouri, under the firm-name of Fonda & Higgins; that on June 6, 1885, the above-named defendants as such copartners entered into a contract with this plaintiff, whereby this…
2Cases cited21 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
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3Cited by9 opinions
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894
- James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Moore v. RenickMissouri Court of Appeals · 1902
- State ex rel. Kaufman v. SitlingtonMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.