Blitt v. Heinrich
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.— Hoh. •James A. Seddom, Judge. s From the evidence it is certain that some witness swore falsely concerning some material fact in the case, as the testimony for plaintiff and defendant are directly opposed to each other. The instructions offered by the defendant and refused by the court were correct and should have been given. The first instruction was substantially given by the court, of its own motion, in an improved form.
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Appeal from the St. Louis City Circuit Court.— Hoh. •James A. Seddom, Judge. s From the evidence it is certain that some witness swore falsely concerning some material fact in the case, as the testimony for plaintiff and defendant are directly opposed to each other. The instructions offered by the defendant and refused by the court were correct and should have been given. The first instruction was substantially given by the court, of its own motion, in an improved form. Appellant complains because the court, in refusing this instruction, failed to tell the jury that if the evidence was…
1Opinion of the CourtThompson, J.
This was an action to recover the balance due on an account for goods sold and delivered. The facts necessary to support the verdict which the plaintiff recovered were testified to by the plaintiff himself. There were three witnesses for the defendant, whose testimony tended more or less to contradict that of plaintiff.
The court instructed the jury as follows :
“1. The court instructs the jury that, if they believe from the evidence that plaintiff sold and delivered to defendant, at his request, the goods, wares and merchandise mentioned in plaintiff’s statement, or any part thereof, then they…
2Cases cited1 opinion
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
3Cited by5 opinions
- State v. BuchlerSupreme Court of Missouri · 1890
- Dean v. ChandlerMissouri Court of Appeals · 1891
- Jackson v. PowellMissouri Court of Appeals · 1905
- La Rue v. BungenstockSupreme Court of Missouri · 1923
- Grant v. RoweMissouri Court of Appeals · 1900