Standard Oil Co. v. Meyer Bros. Drug Co.
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) Lindley should have been permitted to state the intention with which he purchased the goods constituting his stock. It was competent evidence and its weight was a question for the jury. Grocery Co. v. Ash-ton, 69 Mo. App. 463; Reid, Murdock & Co. v. Lloyd, 67 Mo. App. 513; Mannheim v. Harrington, 20 Mo.
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Appeal from the Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) Lindley should have been permitted to state the intention with which he purchased the goods constituting his stock. It was competent evidence and its weight was a question for the jury. Grocery Co. v. Ash-ton, 69 Mo. App. 463; Reid, Murdock & Co. v. Lloyd, 67 Mo. App. 513; Mannheim v. Harrington, 20 Mo. App. 297; Elliott’s Appellate Procedure, sec. 670. (2) The first three instructions given on behalf of the plaintiff are erroneous. Number 2 is especially vicious for thp reasons, first, there is nó evidence upon which…
1Opinion of the CourtSmith, P. J.
— This is an action of replevin which was brought to recover ten barrels of linseed oil. The plaintiff had judgment and defendant has appealed.
statement. It appears from the evidence that one Lindley went into the retail drug business in August, 1895, and that in December following the goods in controversy were sold by the plaintiff to him on ninety ¿ays time. A variety of other goods were likewise purchased by him of jobbers in St. Louis and elsewhere, amongst which purchases were those made of Meyer Bros.’ Drug Company, Nelson Paint Company and Reider Jewelry Company, amounting in the…
2Cases cited11 opinions
- Bidault v. WalesSupreme Court of Missouri · 1853
- Bidault v. WalesSupreme Court of Missouri · 1855
- Fox v. WebsterSupreme Court of Missouri · 1870
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
- Berryman v. CoxMissouri Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Boord v. KaylorOregon Supreme Court · 1925
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1900
- Ware v. FloryMissouri Court of Appeals · 1918
- Ranney v. LewisMissouri Court of Appeals · 1914
- Lee v. WilkinsMissouri Court of Appeals · 1899