Hoyt v. Reed
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action of assumpsit, instituted by Silas Reed, tbe defendant in error, in tbe St. Louis Circuit Court, at tbe November term, 1844, against Cyrus Gr. Hoyt and Apollo W. Sterling. The declaration was for money lent and advanced, money bad and received, and for money paid, laid out and expended.
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Error to St. Louis Circuit Court. This was an action of assumpsit, instituted by Silas Reed, tbe defendant in error, in tbe St. Louis Circuit Court, at tbe November term, 1844, against Cyrus Gr. Hoyt and Apollo W. Sterling. The declaration was for money lent and advanced, money bad and received, and for money paid, laid out and expended. At tbe November term, 1849, of said court, tbe plaintiff, by leave of court, amended bis declaration, by adding a special count, to tbe effect, that tbe plaintiff, Reed, bad deposited $4,068, which be lent and advanced to tbe defendant, Sterling, in bis…
1Opinion of the CourtG-ambue, Judge
In this case, the plaintiff, Beed, asked no instructions, and all asked by the defendant, Hoyt, except two, were given by the Circuit Court. The two refused were, first, that there is no evidence upon which the jury can rightfully find for the plaintiff on the amended count; second, that there is no evidence that the defendant, Hoyt, assented to the transfer of any of the liabilities of A. W. Sterling & Eckley, or either of them, to the firm of which the defendant became a member.
1. The ground taken in support of the first instruction is, that the amended count averred that deposits had been…
2Cases cited1 opinion
- Johnson v. RobertsonSupreme Court of Missouri · 1826
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- Kelly v. City of HigginsvilleMissouri Court of Appeals · 1914
- Ellis v. Mackie Construction Co.Missouri Court of Appeals · 1894
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Klotz v. St. Anthony's Medical CenterSupreme Court of Missouri · 2010
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