Phillips v. Scott
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The proof made — that plaintiff had received the original letters — was sufficient. (Hagedom v. Reid, 3 Camp. C. 377-9 ; Miller v. Hackley, 5 Johns. 384.) H. The court below erred in giving the first instruction asked by plaintiff, because the answer denied generally that anything was owing to plaintiff, and because the answer set up that defendant had accounted to plaintiff for everything. (Loler v. Cool, 37 Mo. 85; Mo.
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Appeal from St. Louis Circuit Court. I. The proof made — that plaintiff had received the original letters — was sufficient. (Hagedom v. Reid, 3 Camp. C. 377-9 ; Miller v. Hackley, 5 Johns. 384.) H. The court below erred in giving the first instruction asked by plaintiff, because the answer denied generally that anything was owing to plaintiff, and because the answer set up that defendant had accounted to plaintiff for everything. (Loler v. Cool, 37 Mo. 85; Mo. Coal Oil Co. v. Hann. and St. Jo. R.R. Co. 35 Mo. 85 ; Dassler v. Wisley, 32 Mo. 498.) HI. The court below erred in giving plaintiff’s…
1Opinion of the CourtFagg, Judge
The plaintiff’s claim in this case was for the difference between the alleged value of five hundred barrels of flour in the St. Louis market and the sum for which it actually sold in the city of New York. The petition alleges that the flour in question was consigned to the appellant (defendant below), a factor residing in St. Louis, for the purpose of being sold in that market; that it was shipped without authority to the city of New York, and there sold; that the defendant had only accounted to plaintiff for the sum of thirteen hundred and twenty-two dollars and forty cents as the proceeds…
2Cited by11 opinions
- Heffner v. Gwynne-Treadwell Cotton Co.Court of Appeals for the Eighth Circuit · 1908
- Burke v. FryeNebraska Supreme Court · 1895
- Brown v. Southern Grocery CompanySupreme Court of Arkansas · 1925
- Howard v. SmithSupreme Court of Missouri · 1874
- Pugh v. Porter Bros. Co.California Supreme Court · 1897
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