Bowman v. Branson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowt. — Hon. G-. W. Lubke, Judge. (1) The last two notes (of |496.55 each) sued on falling due after suit was brought, as to them, plaintiff was not entitled to recover. (2) The contract between the parties is joint, not several; neither Bowman nor Richey could sue alone, and the court should have so instructed the jury.
Read the full summary
Appeal from St. Louis City Circuit Cowt. — Hon. G-. W. Lubke, Judge. (1) The last two notes (of |496.55 each) sued on falling due after suit was brought, as to them, plaintiff was not entitled to recover. (2) The contract between the parties is joint, not several; neither Bowman nor Richey could sue alone, and the court should have so instructed the jury. Clark v. Cable, 21 Mo. 223; Denney v. Covey, 60 Mo. 224; Bobbins v. Ayres, 10 Mo. 538; Wells v. Gatey, 9 Mo. 565. (3) The court erred in refusing to give defendant’s instruction offered at the close of plaintiff’s case that plaintiff could…
1Opinion of the CourtBrace, J.
This is an action upon a contract in which the plaintiff recovered judgment, and defendant appeals.
I. The suit was instituted in the circuit court on the fourteenth of September, 1887, and was tried on an amended petition, filed January 3, 1888. It appears *346. from the bill of exceptions that, in pursuance of' notice served upon the plaintiff on the thirteenth of December, 1877, the defendant commenced taking-depositions under a dedimus from said court before a. commissioner of Missouri, in the City of New York, at the time and place mentioned in said notice, on the-ninth of January, 1888; that…
2Cases cited3 opinions
- Alexander v. RelfeSupreme Court of Missouri · 1881
- Cross v. WilliamsSupreme Court of Missouri · 1880
- Richey v. BransonMissouri Court of Appeals · 1889
3Cited by19 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- Empire Gas & Fuel Co. v. PendarCourt of Appeals of Texas · 1922
- Sunset Acres Motel, Inc. v. JacobsSupreme Court of Missouri · 1960
- Phelps v. HerroCourt of Appeals of Maryland · 1965
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
14 more not listed; retrieve them via the Exa API.