Bompart's Administrator v. Lucas
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. A suit upon the same cause of action with the present, will be found reported in 21 Mo. 598. This suit was brought upon a note, payable three years after date, alleged to have been executed by the defendants, and which was in the hands of a third party who refused to deliver it to the plaintiff, although he was the legal owner thereof and entitled to its possession.
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Appeal from St. Louis Court of Common Pleas. A suit upon the same cause of action with the present, will be found reported in 21 Mo. 598. This suit was brought upon a note, payable three years after date, alleged to have been executed by the defendants, and which was in the hands of a third party who refused to deliver it to the plaintiff, although he was the legal owner thereof and entitled to its possession. It appeared that the note had been deposited with H. L. Patterson as an escrow, until a deed should be executed to the defendants, conveying all the interest of the estate of the…
1Opinion of the CourtBates, Judge
A case between substantially the same parties, and concerning the same subject matter, was decided by this court at the October term, 1855, and is reported in 21 Mo. 598. In the present case, the court below instructed the jury correctly in accordance with that decision. At the trial of this case, the plaintiif offered in evidence a portion of a sentence of the answer of Lucas in the previous case, and refused to read the remainder of the sentence which materially qualified the effect of the portion read, and the court refused to compel him to read the remainder. This was manifestly wrong;…
2Cases cited1 opinion
- Bompart's Administrator v. LucasSupreme Court of Missouri · 1855
3Cited by1 opinion
- Gossler v. . WoodSupreme Court of North Carolina · 1897