Merchants' National Bank v. Abernathy
Missouri Court of Appeals
Appeal" from Jac7cson Circuit Court. — Hon. Turner A. G-ill, Judge. The case is stated in the opinion. (1) Instructions one and two given by the court are erroneous in that they fail to give to the jury the proper manner of determining the measure of damages. And further, instruction one tells the jury peremptorily to find for the plaintiff, without giving them the opportunity to pass upon the issues of fact presented by the evidence in the case.
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Appeal" from Jac7cson Circuit Court. — Hon. Turner A. G-ill, Judge. The case is stated in the opinion. (1) Instructions one and two given by the court are erroneous in that they fail to give to the jury the proper manner of determining the measure of damages. And further, instruction one tells the jury peremptorily to find for the plaintiff, without giving them the opportunity to pass upon the issues of fact presented by the evidence in the case. (2) In instruction number two, given for plaintiff, the court requires the jury to find the value of the property “at such sum as they may believe…
1Opinion of the CourtEllison, J.
— The respondent sued the appellants in the court below to recover damages for wrongfully seizing, on January 13, 1883, under a writ of attachment issued by a justice of the peace, in a suit in which .appellants were plaintiffs and one David Gfrauman was defendant, certain personal property consisting of saloon and restaurant fixtures and utensils, etc. This property, the respondent claims, it was entitled to possession of, as the holder of certain negotiable notes secured by chattel mortgage on said property, made by one A. J. Howell in favor of said Grauman, dated January 5, 1883, and duly…
2Cases cited5 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Logan v. SmithSupreme Court of Missouri · 1876
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Linville v. SavageSupreme Court of Missouri · 1874
3Cited by8 opinions
- Ewing v. JonesIndiana Supreme Court · 1892
- Felts v. BoyerOregon Supreme Court · 1914
- New York Life Insurance v. Kansas City BankMissouri Court of Appeals · 1906
- Beavers v. Farmers & Traders BankMissouri Court of Appeals · 1914
- Geerdts v. RiesenbergMissouri Court of Appeals · 1905
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