Mosby v. McKee, Zook & Whiteford Commission Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Wood-son., Judge. (1) Before a court is authorized to give a peremptory instruction to the jury, it must appear, that conceding the truth of all the evidence admitted or wrongly excluded favoring the contention of the party demanding submission of the ease to the jury and giving such party the benefit of every seasonable inference to be deduced therefrom, still all fair minds would find that the fact necessary to be shown is…
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. A. M. Wood-son., Judge. (1) Before a court is authorized to give a peremptory instruction to the jury, it must appear, that conceding the truth of all the evidence admitted or wrongly excluded favoring the contention of the party demanding submission of the ease to the jury and giving such party the benefit of every seasonable inference to be deduced therefrom, still all fair minds would find that the fact necessary to be shown is not established. Baird v. Railroad, 146 Mo. 265; Kattelman v. Eire Ass’n, 79 Mo. App. 447; Roe v. Annan, 80 Mo. App. 198;…
1Opinion of the Court
SMITH, P. J.'
— Action in trover. The petition in substance alleges that the defendant, an incorporated live stock commission company, doing business at the St. Joseph Stock Yards, converted to its own use six carloads of cattle, of which the plaintiffs were the owners, etc.
The answer, after a general denial, alleged: (1) That the defendants received said cattle for sale from' plaintiffs’ authorized agent and were handled by it and the proceeds thereof paid to plaintiffs, through their ágent; and (2) that plaintiff, John E. Mosby, and one Biggs, conspired to cheat and defraud this defendant by…
2Cases cited13 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- State ex rel. Salomon v. MasonSupreme Court of Missouri · 1892
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
- Hopkins ex rel. Williams v. SievertSupreme Court of Missouri · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Wilks v. StoneMissouri Court of Appeals · 1960
- Sandler v. SchmidtSupreme Court of Missouri · 1953
- Knapp v. HanleyMissouri Court of Appeals · 1904
- Allen v. ForsytheMissouri Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.