Leckie v. Rothenbarger
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1)The instruction complained of was not based upon the pleadings. Instructions should limit the issues to those made bv the pleadings. Gessley v. Railway, 26 Mo. App. 156; McMurry v. Martin, 26 Mo. App. 437; State v. Sitlington, 51 Mo. App. 252; Scott v. Allenbaugh, 50 Mo.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1)The instruction complained of was not based upon the pleadings. Instructions should limit the issues to those made bv the pleadings. Gessley v. Railway, 26 Mo. App. 156; McMurry v. Martin, 26 Mo. App. 437; State v. Sitlington, 51 Mo. App. 252; Scott v. Allenbaugh, 50 Mo. App. 130. (2) There can be no evidence on which to base an instruction, if such evidence overthrows the pleadings of the party who introduces it. Capital Bank v. Armstrong, 62 Mo. 59. (3) The declaration of law ignored the material issue of the fact raised…
1Opinion of the CourtEllison, J.
Plaintiff sued defendants on items of debt, charging them to be a partnership under the name and style of the “Castle Rock Mining Company.”
The answer, among other things, charged that plaintiff was a member of said partnership. The evidence tended to prove that plaintiff was, ostensibly at least, a member of the partnership. That he went into and continued in the partnership in his own name. That the other members of the partnership supposed he was acting for himself, he never disclosing to them anything to the contrary. But it seems that he was, in reality, acting as the secret agent of his…
2Cases cited4 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- McDonald v. MatneySupreme Court of Missouri · 1884
- McClellan v. ParkerSupreme Court of Missouri · 1858
- Porter v. MerrillSupreme Court of Missouri · 1897