Legal Opinion

Cornwell v. St. Louis Transit Co.

Missouri Court of Appeals

Decided March 15, 1904PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — How. Jas. B. Kinealy, Judge. (1) There being no evidence whatever to show that Jourdan had any authority to contract for the payment of rewards, the defendant’s demurrer to the evidence should have been sustained. Houghton v. Ellis, 73 Pac. (Colo.) 752; Weeks on Attys. (2 Ed.), secs. 215-219. (2) The instruction given for plaintiff does not submit to the jury the questions of fact that, under any view, arose in the case.

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Appeal from St. Louis City Circuit Court. — How. Jas. B. Kinealy, Judge. (1) There being no evidence whatever to show that Jourdan had any authority to contract for the payment of rewards, the defendant’s demurrer to the evidence should have been sustained. Houghton v. Ellis, 73 Pac. (Colo.) 752; Weeks on Attys. (2 Ed.), secs. 215-219. (2) The instruction given for plaintiff does not submit to the jury the questions of fact that, under any view, arose in the case. They are: Did Jourdan promise and agree to pay the reward after plaintiff had! been discharged from the posse if he would secure…

1Opinion of the CourtReyburn, J.

This case in the array of facts established at its retrial, presents an aspect only varied by the testimony of Morton Jourdan, who was examined by defendant and whose testimony contradicts, in certain particulars, the version of the interviews had with him by plaintiff. This witness deposed that plaintiff and his companion had called three times, that the witness was employed by defendant during the strike of its operatives in the capacity of counsel, especially in criminal matters, both in the defense of employees and in the prosecution of persons who interfered with the property of…

2Cases cited5 opinions

  1. Wheeler v. BowlesSupreme Court of Missouri · 1901
  2. Bronnenberg v. CoburnIndiana Supreme Court · 1887
  3. Reif v. PaigeWisconsin Supreme Court · 1882
  4. Gregg v. PierceNew York Supreme Court · 1860
  5. Cornwell v. St. Louis Transit Co.Missouri Court of Appeals · 1903

3Cited by3 opinions

  1. State Ex Rel. Bennett v. BeckerSupreme Court of Missouri · 1934
  2. National Exchange Bank v. WoodsideMissouri Court of Appeals · 1904
  3. Davis v. MillsapMissouri Court of Appeals · 1911

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