Webster v. Bear
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jno. Gf. Parle, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. (2) The ruling* of the trial court in admitting evidence after the motion for a new trial was overruled is error. St. Louis v. Brewing Co., 96 Mo. 677; Danforth v. Railroad, 123 Mo. 196; Taylor v. Switzer, 110 Mo. 410; Smith v. Ins. Soc., 101 Mo. App. 696. (3) The court erred in giving* declarations of law numbered three and six.
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Appeal from Jackson Circuit Court. — Hon. Jno. Gf. Parle, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. (2) The ruling* of the trial court in admitting evidence after the motion for a new trial was overruled is error. St. Louis v. Brewing Co., 96 Mo. 677; Danforth v. Railroad, 123 Mo. 196; Taylor v. Switzer, 110 Mo. 410; Smith v. Ins. Soc., 101 Mo. App. 696. (3) The court erred in giving* declarations of law numbered three and six. (1) Error, if any, in overruling appellant’s demurrer was waived by offering further evidence. Cad-mus y. Bridge Co., 15 Mo.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff Webster, doing business in the name of Webster & Company, instituted this suit in a justice’s court to recover of defendant, *534A. W. Bear, doing business under the name of Bear Commission Company, tbe sum of one hundred and seventy-four dollars and eighteen cents, the value of fifty-two cases of eggs.
The facts are that on May 1, 1907, the Fort Scott Produce Company at Kansas City, Missouri, by telegram inquired of plaintiff who was doing business at Narka, Kansas, at what price he would sell them a car load of storage-packed eggs. Plaintiff telegraphed answer that he would take…
2Cases cited5 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Alabama National Bank v. Mobile & Ohio Railway Co.Missouri Court of Appeals · 1890
- Dickson v. Merchants' Elevator Co.Missouri Court of Appeals · 1891
- Branson v. HecklerSupreme Court of Kansas · 1879
3Cited by1 opinion
- Burrton State Bank v. Pease-Moore Milling Co.Missouri Court of Appeals · 1912