Clark v. Shrimski
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The only question presented by the record in this case is, did the court err in refusing defendant’s instruction that under the pleading and proof plaintiff could not recover? If the law as declared by this court and the supreme court of this state in a long line of decisions will be followed in this ease, then the circuit court did not err in refusing said instruction. See Casey v. Donovan (65 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The only question presented by the record in this case is, did the court err in refusing defendant’s instruction that under the pleading and proof plaintiff could not recover? If the law as declared by this court and the supreme court of this state in a long line of decisions will be followed in this ease, then the circuit court did not err in refusing said instruction. See Casey v. Donovan (65 Mo. App. 521 and N. 7011, March term, 1898, of this court); Arnotv. Bran-comer, 14 Mo. App. 434; Wiser v. Chisley, 53 Mo. 547;…
1Opinion of the CourtBland, P. J.
The suit was commenced before a justice of the peace; the complaint stated in substance, that plaintiff on April 18,1896, was the owner of a seal sacque of the value of $200; that on said day she delivered the same to defendant to safely keep for hire; that defendant received the sacque and agreed to safely keep the same for $5 to be paid, and to return the same on September 15,1896; that defendant did not safely keep the same and return same to plaintiff on September 15, 1896, and has not returned the same, although often requested to do so. Judgment by default was entered by the justice…
2Cases cited6 opinions
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Lee v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
- McCarthy v. WolfeSupreme Court of Missouri · 1867
- Casey v. DonovanMissouri Court of Appeals · 1896
- O'Hare v. Chicago & Alton RailroadSupreme Court of Missouri · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nuell v. Forty-North CorporationMissouri Court of Appeals · 1962
- Freeman v. ForemanMissouri Court of Appeals · 1910
- Mecom v. VintonCourt of Appeals of Texas · 1916
- Toston v. McCrackenMissouri Court of Appeals · 1977
- Asphalt & Granitoid Construction Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903