Hanna v. Finley
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. Statement of the case by the court. In July, 1886, and for some time prior thereto, the firm of Sparks & Son were engaged in a general merchandising business in Barton county, having one store in the town of Denison, and another store in the town of Liberal, said two towns adjoining each other.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. Statement of the case by the court. In July, 1886, and for some time prior thereto, the firm of Sparks & Son were engaged in a general merchandising business in Barton county, having one store in the town of Denison, and another store in the town of Liberal, said two towns adjoining each other. Sparks & Son had become indebted to their wholesale creditors in sums aggregating $3,343.87. They were indebted to Tootle, Hanna & Co., a wholesale firm of Kansas City, in the sum of $1,115.99, of which sum $366.23 was an open account…
1Opinion of the CourtGill, J.
The appellants assign the usual errors complained of, but in the argument, printed as well as oral, appear to rely on the failure of the court to give plaintiffs’ instruction in the nature of a demurrer to defendant’s evidence ; or, as it may be presented, that the instruction given at the instance of the defendant should not have been given.
The only declaration of law given by the court at. *650defendant’s request .is as follows: “13. If the court shall believe from the evidence that Ed. McLean was the agent and collector of Tootle, Hanna & Co., that Tootle Hanna & Co. told him to go to Liberal,…
2Cases cited5 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- McNichols v. RichterMissouri Court of Appeals · 1883
- McVeagh v. BaxterSupreme Court of Missouri · 1884
3Cited by5 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Molaska Manufacturing Co. v. Steele & WalkerCourt of Appeals of Kansas · 1889
- Finke v. PikeMissouri Court of Appeals · 1892
- Jones v. Third Nat. Bank of SedaliaCourt of Appeals for the Eighth Circuit · 1926
- State ex rel. Pate Bros. Moulding Co. v. AlthausMissouri Court of Appeals · 1894