Ghio v. Schaper Bros.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) On the entire record in this cause plaintiff is not entitled to recover and defendant’s instruction No. B. requested at the close of all the evidence should have been given, (a) There is no evidence ■showing that Weichelt, the employee of defendant, who-directed plaintiff to treat Maude Woods, had any authority to contract for such services and bind the credit of the defendant therefor.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) On the entire record in this cause plaintiff is not entitled to recover and defendant’s instruction No. B. requested at the close of all the evidence should have been given, (a) There is no evidence ■showing that Weichelt, the employee of defendant, who-directed plaintiff to treat Maude Woods, had any authority to contract for such services and bind the credit of the defendant therefor. Meisenbach v. Cooperage-Co., 45 Mo. App. 232. (b) There is no evidence of any promise by defendant to pay plaintiff for his…
1Opinion of the CourtNortoni, J.
This is a suit on an account for medical and surgical service rendered to the benefit of a third person, it is said under a contract with defendant. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is a practicing physician and surgeon in the city of St. Louis, and defendant Schaper Bros. Mercantile Company is a corporation engaged in the general mercantile business — that is to say, it owns and conducts a large department store in the same city. It appears that plaintiff physician occupied an office in the same building with defendant mercantile establishment, and it is…
2Cases cited13 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Sheperd v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Morrell v. LawrenceSupreme Court of Missouri · 1907
- Hovey & Brown v. AaronMissouri Court of Appeals · 1908
- Meisenbach v. Southern Cooperage Co.Missouri Court of Appeals · 1891
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3Cited by12 opinions
- Huttig v. BrennanSupreme Court of Missouri · 1931
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Traylor v. WhiteMissouri Court of Appeals · 1914
- Walker v. WhiteMissouri Court of Appeals · 1915
- Skelly Oil Company v. Medical & Surgical ClinicCourt of Appeals of Texas · 1967
7 more not listed; retrieve them via the Exa API.