Napoleon Hill Cotton Co. v. Stix, Baer & Fuller Dry Goods Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon,. Charles B. Davis, Judge. (1) The court erred in peremptorily instructing the jury to include in its verdict interest on the amounts of the respective checks frorh the respective dates thereof. 2 R. S. 1909, sec. 7179; Dougherty v. Chapman, 29 Mo. App. 233, 241; Simmons Hardware Co. v. City of St. Louis, Mo. Sup. Div. 1, 192 S. W. 394, 399; McDonald v. Loewen, 145 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon,. Charles B. Davis, Judge. (1) The court erred in peremptorily instructing the jury to include in its verdict interest on the amounts of the respective checks frorh the respective dates thereof. 2 R. S. 1909, sec. 7179; Dougherty v. Chapman, 29 Mo. App. 233, 241; Simmons Hardware Co. v. City of St. Louis, Mo. Sup. Div. 1, 192 S. W. 394, 399; McDonald v. Loewen, 145 Mo. App. 49, 130 S. W. - 56; Burgess v. Cave, 52 Mo. 43. (2) The verdict is excessive for that interest was allowed on the respective amounts of the two checks from theif…
1Opinion of the CourtBecker, J.
This suit was brought to recover, as for money had and received, the amounts of two checks; one dated September 30, 1911, for $117.16, and the other dated September 30, 1912, for $77.45. The case was tried to a jury and at the conclusion of all the testimony the court gave the jury two peremptory instructions, one covering the first count and the other the second count of the petition, by the terms of which the jury were required to find for the plaintiff for sums equal to the full amount of each check and in addition thereto to allow plaintiff interest thereon from the respective dates of…
2Cases cited5 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- St. Charles Savings Bank v. Orthwein Investment Co.Missouri Court of Appeals · 1911
- St. Louis Charcoal Co. v. LewisMissouri Court of Appeals · 1911
- Kitchens v. Teasdale Commission Co.Missouri Court of Appeals · 1904
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
3Cited by5 opinions
- Cannon v. BingmanMissouri Court of Appeals · 1964
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- Heit v. BixbyDistrict Court, E.D. Missouri · 1967
- O'Bannon v. MoerschelMissouri Court of Appeals · 1920
- Lucas v. Central Missouri Trust Co.Supreme Court of Missouri · 1942