Drumm-Flato Commission Co. v. Gerlach Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. • (1) The court should have directed a verdict for the defendant. Plaintiff’s own evidence showed that it had ample time and opportunity to take legal action to hold the money in controversy, and that it was urged to do so, hut did not do so because it was looking to Edmisson to pay the balance due it. Drumm-Flato Co. v. Gerlach Bank, 92 Mo.
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Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. • (1) The court should have directed a verdict for the defendant. Plaintiff’s own evidence showed that it had ample time and opportunity to take legal action to hold the money in controversy, and that it was urged to do so, hut did not do so because it was looking to Edmisson to pay the balance due it. Drumm-Flato Co. v. Gerlach Bank, 92 Mo. App. 326. (2) The court committed error in admitting in evidence on the part of plaintiff certified copy of what purported to be a copy of' the mortgage under which plaintiff claims. (3) The…
1Opinion of the CourtSmith, P. J.
This case was before us by appeal on a former occasion, as may be seen by reference to the 92 Mo. App. 326. The pleadings, evidence and instructions as reported in that case are much the same as in that now before us. The judgment in the former case, which was for defendant, was reversed and the cause remanded. That in this was for the plaintiff and defendant has appealed.
*430I.
The defendant now insists that the instruction in the nature of a demurrer to the evidence requested by it should have been given instead of refused. Nothing is seen in the opinion reported in the case when here on the…
2Cases cited4 opinions
- Robinson v. SmithSupreme Court of Missouri · 1892
- Nelson v. NelsonSupreme Court of Missouri · 1886
- Drumm-Flato Commission Co. v. Gerlack BankMissouri Court of Appeals · 1902
- Neudeck v. Grand Lodge American Order of United WorkmenMissouri Court of Appeals · 1895
3Cited by13 opinions
- Drumm-Flato Commission Co. v. EdmissonSupreme Court of the United States · 1908
- Atchison, Topeka & Santa Fe Railway Co. v. WilliamsCourt of Appeals of Texas · 1905
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Gendler v. Sibley State BankDistrict Court, N.D. Iowa · 1945
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