Thompson v. National Bank of Commerce
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». James E. Goodrich, Judge. (1) Instruction number 2 given at request of plaintiff, was erroneous, in that, although it purported to cover all the issues in the case, it ignored the defense of defendants. 2 Thompson on Trials, section 2328. This defect was not cured hy instruction number 1 given at the request of defendants. Russell v. Poor, 133 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Ho». James E. Goodrich, Judge. (1) Instruction number 2 given at request of plaintiff, was erroneous, in that, although it purported to cover all the issues in the case, it ignored the defense of defendants. 2 Thompson on Trials, section 2328. This defect was not cured hy instruction number 1 given at the request of defendants. Russell v. Poor, 133 Mo. App-. 723. (2) Instruction number 2 asked by defendants should have been given, because the testimony for both plaintiff and defendants showed that the minds of the parties did not meet in the transaction,…
1Opinion of the CourtEllison, J.
This action is based on a check given to plaintiff bly Houston, Fible & Co., and drawn on the defendant bank. The action was originally against the bank alone, but afterwards Houston, Fible' & Co., were, on their own motion, made parties defendant. The judgment was for plaintiff in the trial court.
*420This case was before us on a former appeal and will be found reported in 132 Mo. App. 225. At the first trial plaintiff had made an important issue in the case whether defendants Houston, Fible & Co., had been diligent, that is to say, whether they could have avoided the mistake by due diligence in…
2Cases cited2 opinions
- Embry v. HargadineMissouri Court of Appeals · 1907
- Thompson v. National Bank of CommerceMissouri Court of Appeals · 1908