Legal Opinion

Schade v. Gehner

Supreme Court of Missouri

Decided March 10, 1896PublishedCited by 28 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) Thecourt erred in sustaining defendant’s demurrer to the evidence for plaintiff. Clark v. Marshall, 34 Mo. 429; Chase v. Heany, 70 111. 268; Dickelv. Abstract Co., 89 Tenn. 431; Bank v. O’Connell, 23 Mo. App. 165; Page v. Frutch, 8 Chi. Leg.

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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) Thecourt erred in sustaining defendant’s demurrer to the evidence for plaintiff. Clark v. Marshall, 34 Mo. 429; Chase v. Heany, 70 111. 268; Dickelv. Abstract Co., 89 Tenn. 431; Bank v. O’Connell, 23 Mo. App. 165; Page v. Frutch, 8 Chi. Leg. News, 385; Siewers v. Com., 6 W. N. C. 17; Burrowes v. Lock, 10 Yes. 470; Slim v. Croucher, 2 Giffard, 37; Donaldson v. Haldane, 7 C. & F. 762; Morton v. Hatch, 54 Mo. 408; State to use v. Thornton, 56 Mo. 525. (2) The court erred in excluding evidence offered on behalf of plaintiff.…

1Opinion of the CourtBrace, P. J.

This is an action by the plaintiff as the widow and sole devisee and legatee of George Schade, deceased, to recover damages of the defendant, an examiner of titles to real estate in the city of St. Louis, for alleged negligence in the discharge of his duty to examine and correctly report the condition of the title to a certain lot in said city which he was employed to do by the said Schade. At the close of the plaintiff’s evidence the court sustained a demurrer thereto, and plaintiff took a nonsuit with leave, which the court refused to set aside, and the plaintiff appeals.

The evidence tended…

2Cases cited8 opinions

  1. Savings Bank v. WardSupreme Court of the United States · 1880
  2. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  3. Lilly v. BoydSupreme Court of Georgia · 1883
  4. Rodney v. LandauSupreme Court of Missouri · 1891
  5. Gordon v. LivingstonMissouri Court of Appeals · 1882

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Williams v. PolgarMichigan Supreme Court · 1974
  2. Westerhold v. CarrollSupreme Court of Missouri · 1967
  3. Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
  4. Martin v. Crowley, Wade & Milstead, Inc.Supreme Court of Missouri · 1985
  5. Brown v. SimsIndiana Court of Appeals · 1899

23 more not listed; retrieve them via the Exa API.

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