Cottrill v. Krum
Supreme Court of Missouri
Appeal from. 81. Louis City Circuit Court.—Hon. A. M. Ti-iayer, Judge. (1) The court erred in giving the instruction quoted in the foregoing abstract, (a) It is merely an abstract proposition of law and does not define or explain to the jury what meaning the law gives to the expression ‘ ‘ diligent inquiry. ’ ’ It falls within that class of instructions which has always been condemned by our courts.
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Appeal from. 81. Louis City Circuit Court.—Hon. A. M. Ti-iayer, Judge. (1) The court erred in giving the instruction quoted in the foregoing abstract, (a) It is merely an abstract proposition of law and does not define or explain to the jury what meaning the law gives to the expression ‘ ‘ diligent inquiry. ’ ’ It falls within that class of instructions which has always been condemned by our courts. Fugate v. Carter, 6 Mo. 267; Morgan v. Durfee, 69 Mo. 469; Kendig v. Railroad, 79 Mo. 207; Hudson v. Railroad, 53 Mo. 525; ,Dyer v. Brannoch, 2 Mo. App. 432; Wiser v. Chesley, 53 Mo. 547; Boogher…
1Opinion of the CourtBrace, J.
The plaintiff in this action seeks to recover damages for false representations alleged to have been made by the defendant in a trade in which the plaintiff in exchange for fifty shares of paid up stock in the “ Globe Panorama Company” sold and conveyed to the defendant a certain lot of ground in the city of St. Louis. The verdict was for the defendant, and from the judgment thereon, in his favor the plaintiff appeals. Many grounds are assignód in the motion for a new trial, but the only one urged he re, why the court should have granted a new trial, is the alleged error of the court in…
2Cases cited7 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Wannell v. KemSupreme Court of Missouri · 1874
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Wiser v. ChesleySupreme Court of Missouri · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Horton v. TyreeWest Virginia Supreme Court · 1927
- Tietjens v. General Motors CorporationSupreme Court of Missouri · 1967
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Judd v. WalkerSupreme Court of Missouri · 1908
- Cantrell v. Superior Loan Corp.Missouri Court of Appeals · 1980
47 more not listed; retrieve them via the Exa API.