Winkelman v. Maddox
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Charles D. Stewart, Judge. (1) This verdict, “We the jury find for the plaintiff on the account sued on in the sum of 161.72 as against Charles Maddox and Lee Coe. Geo. W. Hale, Foreman,” is fatally defective in not finding as to all the issues.
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Appeal from Clark Circuit Court. — Hon. Charles D. Stewart, Judge. (1) This verdict, “We the jury find for the plaintiff on the account sued on in the sum of 161.72 as against Charles Maddox and Lee Coe. Geo. W. Hale, Foreman,” is fatally defective in not finding as to all the issues. The issues were: Whether defendants or any of them were liable to plaintiff? Whether plaintiff was liable to defendant Charles Maddox on his counterclaim? And what defendants, if any, were liable to plaintiff? The jury found for plaintiff on account sued on against two of the defendants and wholly failed to find…
1Opinion of the CourtNortoni, J.
This suit is on an implied promise to pay the value of a lot of barbed wire, staples and nails alleged to have been delivered by plaintiff to the defendants for the purpose of selling the same under a contract to the effect that defendants should sell the goods and pay the proceeds to the plaintiff. It is alleged that the defendants sold the same and retained the moneys received therefor, amounting to $161.72. Defendant, Charles Maddox, filed a separate answer, consisting of, first, a general denial, and second, a counterclaim for the amount of $47 properly pleaded. To this counterclaim,…
2Cases cited15 opinions
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Cattell v. Dispatch Publishing Co.Supreme Court of Missouri · 1885
- Miller v. BrydenMissouri Court of Appeals · 1889
- Ferguson v. ThacherSupreme Court of Missouri · 1883
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
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3Cited by6 opinions
- Newdiger v. Kansas CitySupreme Court of Missouri · 1938
- Hughey v. EyssellMissouri Court of Appeals · 1912
- Liepman v. RothschildMissouri Court of Appeals · 1924
- Disbrow v. Peoples Ice, Storage & Fuel Co.Missouri Court of Appeals · 1913
- National Cash Register Co. v. KayMissouri Court of Appeals · 1936
1 more not listed; retrieve them via the Exa API.