Talbot v. Great Western Plaster Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Hon. Francis H. Trimble, Judge. Appellant’s demurrer to the evidence should have been sustained. R. S. 1909, Secs. 2880, 2881; Snyder v. Free, 114 Mo. 370; Seeger’s Sons v. Thomas Bros., 107 Mo. 641; Dougherty v. Cooper, 77 Mo. 531; Grocery Co. v. Ashton, 69 Mo. App. 469; Potter v. McDowell, 31 Mo. 69; Oberneier v. Tresseler, 19 Mo.
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Appeal from Clay Circuit Court. — Hon. Francis H. Trimble, Judge. Appellant’s demurrer to the evidence should have been sustained. R. S. 1909, Secs. 2880, 2881; Snyder v. Free, 114 Mo. 370; Seeger’s Sons v. Thomas Bros., 107 Mo. 641; Dougherty v. Cooper, 77 Mo. 531; Grocery Co. v. Ashton, 69 Mo. App. 469; Potter v. McDowell, 31 Mo. 69; Oberneier v. Tresseler, 19 Mo. App. 522; Eddy v. Baldwin, 32 Mo. 369; Hoffman v. Nolte, 127 Mo. 335. In order to sustain the attachment, appellant was not required to show that these acts were done with intent to defraud; if their effect was to hinder, delay or…
1Opinion of the CourtJohnson, J.
Plaintiff sned to recover actual and punitive damages for the wrongful and malicious prosecution of a suit by attachment. The case has been here on two former appeals, the first of which was taken by defendant and the second by plaintiff, and on .each occasion we reversed the judgment and remanded the cause on account of errors in instructions. [86 Mo. App. 558 and 151 Mo. App. 538]. After the last reversal plaintiff amended his petition in conformity with a suggestion in the last paragraph of our opinion. Defendant answered and before trial the parties agreed to waive a jury and to submit…
2Cases cited2 opinions
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1910
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1901
3Cited by5 opinions
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- Slaughter v. NolanSouth Dakota Supreme Court · 1918
- Roland Pinsky Jennie Pinsky and Eileen Fedowitz, Brian K. Doehr v. Robert K. Duncan and Joseph Golden Insurance Agency, John F. Di GiovanniCourt of Appeals for the Second Circuit · 1996
- Guinta v. Jack Daniels Distilling Co.Missouri Court of Appeals · 1922
- Roland Pinsky Jennie Pinsky and Eileen Fedowitz, Brian K. Doehr v. Robert K. Duncan and Joseph Golden Insurance Agency, John F. Di GiovanniCourt of Appeals for the Second Circuit · 1996