Hadley v. Bernero
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) All of the evidence presented at the trial in the circuit court is preserved in the bill of exceptions, and the only evidence therein of the amount of damages is contained in the agreement that those damages amounted to one dollar. It was therefore error to allow a greater amount of damages in the verdict. Moore v. Dixon, 50 Mo. 424; Batch v. Myers, 65 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) All of the evidence presented at the trial in the circuit court is preserved in the bill of exceptions, and the only evidence therein of the amount of damages is contained in the agreement that those damages amounted to one dollar. It was therefore error to allow a greater amount of damages in the verdict. Moore v. Dixon, 50 Mo. 424; Batch v. Myers, 65 Mo. App. 422. (2) The statute concerning bonds on appeals .from justices court in suits of unlawful detainer does not authorize a summary judgment against sureties on…
1Opinion of the CourtGoode, J.
— In January, 1899, one A. J. Geraghty, owner, leased certain'premises in the city of St. Louis, *317for and during the term of five years to commence July 1, 1899, to Vincent Bernero and David Bernero, and the last oíanse in the lease read as follows:
“It is further agreed between the parties hereto, that should a sale of said property be made during the continuance of this lease, said lessee will vacate and deliver up possession of said property upon a thirty days notice in writing, so to do.”
The lessees entered into possession of the premises under this lease and were at the time of the…
2Cases cited20 opinions
- Norman v. WellsNew York Supreme Court · 1837
- McClanahan v. WestSupreme Court of Missouri · 1889
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
- McClung v. McPhersonOregon Supreme Court · 1905
- 507 Madison Avenue Realty Co. v. MartinAppellate Division of the Supreme Court of the State of New York · 1922
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Matter of Loew's Buffalo Theatres, Inc.New York Court of Appeals · 1922
17 more not listed; retrieve them via the Exa API.