Montgomery v. Hundley
Supreme Court of Missouri
Appeal from Bncbanan Circuit Court. — Mon. A. M. Woodson, Judge. (1) The court erred in refusing to give the demurrer to the evidence asked by defendant at the close of plaintiff’s testimony, and at the close of all the evidence. There is no allegation in the petition and there is’ no evidence in the record that plaintiff bought the stock from defendant. All of the evidence is that plaintiff purchase the stock from Shackelford.
Read the full summary
Appeal from Bncbanan Circuit Court. — Mon. A. M. Woodson, Judge. (1) The court erred in refusing to give the demurrer to the evidence asked by defendant at the close of plaintiff’s testimony, and at the close of all the evidence. There is no allegation in the petition and there is’ no evidence in the record that plaintiff bought the stock from defendant. All of the evidence is that plaintiff purchase the stock from Shackelford. In fact the only instruction asked by plaintiff and which the court gave, does not require the jury to find that plaintiff bought the stock from defendant, in order to…
1Opinion of the CourtGraves, J.
This is an action to rescind a contract of sale and to recover $7,000, the amount of the purchase price involved in such sale. The facts are these: The Union Mercantile Company was a corporation, whose principal place of business was at St. Joseph, Missouri. It was engaged in the mercantile business and had stores at St. Joseph, Missouri, Topeka, Kansas, and Lincoln, Nebraska. Its capital stock was $15,000, divided into 150 shares of $100 each. Of these shares the defendant Hundley owned seventy-five, or one-half of the total; J. F. Shackelford owned thirty-seven and one-half, or one fourth,…
2Cases cited6 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- House v. JacksonOregon Supreme Court · 1893
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Watkins v. RobertsonSupreme Court of Virginia · 1906
- Hunter v. FrostSupreme Court of Minnesota · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1926
- Elliott v. DelaneySupreme Court of Missouri · 1909
- Texas Brokerage Co. v. John Barkley & Co.Court of Appeals of Texas · 1910
- Vigars v. HewinsSupreme Court of Iowa · 1918
- Vining v. Mo-La Oil Co.Supreme Court of Missouri · 1925
8 more not listed; retrieve them via the Exa API.