Taylor v. Maguire
Supreme Court of Missouri
APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. STATEMENT OP THE CASE. This Was an action of assumpsit on the common counts brought by Maguire against Taylor. The defendant Taylor pleaded the general issue, upon which the cause was tried by a juty, ■who rendered a verdict for the plaintiff for $5,275, for which amount judgment was rendered.
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APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. STATEMENT OP THE CASE. This Was an action of assumpsit on the common counts brought by Maguire against Taylor. The defendant Taylor pleaded the general issue, upon which the cause was tried by a juty, ■who rendered a verdict for the plaintiff for $5,275, for which amount judgment was rendered. The defendant in the court below filed a motion for a new trial within the proper time, for the reason, as was alleged, that the verdict was contrary to law and the evidence, and because the court rejected competent evidence offered by defendant. The motion…
1Opinion of the Court
Napton, judge,
delivered the opinion of the court.
A question has been made in this case, whether the plaintiff was entitled to recover under the common counts, the amount agreed to be secured by the defendant’s notes, before they fell due ; but the point was not raised in the circuit court, either by instructions or otherwise, and it cannot, for this reason, be assigned for error here.
The only question to be determined is, the one arising out of the exclusion of the evidence which the defendant below offered. The defendant had received the hull of the boat which the plaintiff had contracted to…
2Cases cited1 opinion
- Blanchard v. ElyNew York Supreme Court · 1839
3Cited by14 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Spruce Co. v. MaysSupreme Court of Missouri · 1933
- Brownell & Co. v. ChapmanSupreme Court of Iowa · 1892
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- Western Gravel Road Co. v. CoxIndiana Supreme Court · 1872
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