Sizer Forge Co. v. Weber Gas & Gasoline Engine Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The assessment of the amount of the recovery cannot , be done by the court. Cates v. Nickell, 42 Mo. 169; Burghart v. Brown, 60 Mo. 24; Dyer v. Combs, 65 Mo. App. 152; Corbitt v. Mooney, 84 Mo. App. 647; Calkins v. Bank, 99 Mo. App. 513; Dawson v. Wombles, 111' Mo. App. 539; Kroge v. Modern Brotherhood, 126 Mo. App. 706. (2) The court erred in giving the eighth instruction for the plaintiff.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The assessment of the amount of the recovery cannot , be done by the court. Cates v. Nickell, 42 Mo. 169; Burghart v. Brown, 60 Mo. 24; Dyer v. Combs, 65 Mo. App. 152; Corbitt v. Mooney, 84 Mo. App. 647; Calkins v. Bank, 99 Mo. App. 513; Dawson v. Wombles, 111' Mo. App. 539; Kroge v. Modern Brotherhood, 126 Mo. App. 706. (2) The court erred in giving the eighth instruction for the plaintiff. (1) On the admission by defendant the amount of judgment was wholly a legal conclusion and it was the duty of the court to fix it.…
1Opinion of the CourtEllison, J.
Plaintiff and defendant are each corporations, the former of New York and the latter of this State. Plaintiff brought this action on account for “goods, wares and merchandise” sold by it to defendant, amounting in value to $1,160.40. Defendant’s answer set up a counter claim in the total sum of $1,-900. At the trial “defendant, in open court, admitted that plaintiff was entitled to judgment for the amount sued for in the petition.” The trial then proceeded on the counter-claim and resulted in a verdict for plaintiff for the account and against the defendant on the counterclaim.
The court…
2Cases cited11 opinions
- Poulson v. CollierMissouri Court of Appeals · 1885
- Cates v. NickellSupreme Court of Missouri · 1868
- Burghart v. BrownSupreme Court of Missouri · 1875
- Corbitt v. MooneyMissouri Court of Appeals · 1900
- Dawson v. WomblesMissouri Court of Appeals · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dorsey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Landers v. SchneiderMissouri Court of Appeals · 1914