Wm. Deering & Co. v. Hannah
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Hon. Not M. Shelton, Judge. (1) The court erred in giving the jury a peremptory instruction to find for plaintiff at the close of all the evidence in the case. Eollins v. Marsh, 128 Mass. 116; Windham v. Doles, 59 Ga. 265; Perkins v. Hoyt, 35 Mich. 506; Munroe v. Perkins, 9 Pick. 298; Cooke v. Murphy, 70 111. 96; Perkins v. Headley, 49 Mo. App. 556; Truax y. Miller, 48 Minn. 62; Gates v. Steele, 58 Conn. 316; s. c., 20 Atl.
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Appeal from Putnam Circuit Court. — Hon. Not M. Shelton, Judge. (1) The court erred in giving the jury a peremptory instruction to find for plaintiff at the close of all the evidence in the case. Eollins v. Marsh, 128 Mass. 116; Windham v. Doles, 59 Ga. 265; Perkins v. Hoyt, 35 Mich. 506; Munroe v. Perkins, 9 Pick. 298; Cooke v. Murphy, 70 111. 96; Perkins v. Headley, 49 Mo. App. 556; Truax y. Miller, 48 Minn. 62; Gates v. Steele, 58 Conn. 316; s. c., 20 Atl. Eep. 474; Clark on Contracts, p. 193. (1) There was no error committed by the court in the giving of the peremptory instruction. Rule…
1Opinion of the CourtEllison, J.
This is an action on a guaranty executed hy defendant to plaintiffs. The judgment in the circuit court was rendered for plaintiffs. '
The ease was determined by the trial court on a peremptory instruction to find for the plaintiff. In such state of case it has been time and again ruled by this court that the appealing party must set out the entire evidence, so that it may be seen whether the ruling made was justified thereby. Christopher v. White, 42 Mo. App. 429; Distilling Co. v. Lock, 59 Mo. App. 637; Epstein v. Clothing Co., 67 Mo. App. 221; Costello v. Fesler, 80 Mo. App. 107; Jackson v.…
2Cases cited7 opinions
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Doherty v. NobleSupreme Court of Missouri · 1897
- Nelson Distilling Co. v. LockMissouri Court of Appeals · 1894
- Jackson v. Wabash Railway Co.Missouri Court of Appeals · 1900
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3Cited by4 opinions
- Orlann v. LaederichSupreme Court of Missouri · 1936
- Crohn v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- Letts v. Wabash RailroadMissouri Court of Appeals · 1908
- Gorka v. GorkaMissouri Court of Appeals · 1927