Springer v. Cabell
Supreme Court of Missouri
ERROR to Chariton Circuit Court. That upon the evidence no recovery can be had by Cabell; he being the partner of’plaintifF, in the purchase and sale of lands for a term of five years, when the money was advanced, spoken of by the witness. See 5 Mo. Rep., 112..
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ERROR to Chariton Circuit Court. That upon the evidence no recovery can be had by Cabell; he being the partner of’plaintifF, in the purchase and sale of lands for a term of five years, when the money was advanced, spoken of by the witness. See 5 Mo. Rep., 112.. That when the case was submitted to the Circuit Court, it ought to have found the issue, either for plaintiff or defendant, before making an order, or judgment, as in case a jury had been empannelled. 1. The letter introduced by plaintiff, and objected toby defendant, was properly admitted as evidence, tending to prove defendant’s…
1Opinion of the CourtNapton, J.
Cabell brought ail aotion of assumpsit against Springer, the declaration containing one general count for work and labor, money lent, &c. The general issue was pleaded. The cause was submitted to the Circuit Court. The plaintiff, read in evidence a letter from Springer, dated ' St. Louis, Dec. 10, 1844, in which he told plaintiff, that if he continued his suit against him, he would' never pay him one cent, but if he would withdraw it, he would get him a tract of land worth government price. Charles Cabell, a witness for the plaintiff, testified, that he was present at a conversation between…
2Cited by5 opinions
- Newberger v. FriedeMissouri Court of Appeals · 1886
- Seufert v. GilleSupreme Court of Missouri · 1910
- McKnight v. McCutchenSupreme Court of Missouri · 1858
- Smith v. SmithSupreme Court of Missouri · 1863
- Friedman v. M. Engel & Co.Missouri Court of Appeals · 1902