Caffery v. Choctaw Coal & Mining Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The court submitted the case to the jury upon a different contract than that pleaded in the amended petition. Woods v. Campbell, 110 Mo. 572; Brown v. Railroad, 101 Mo. 484; Railroad v. Railroad, 118 Mo. 625; Smith v. Railroad, 108 Mo. 243, and cases cited; Edwards v. Railroad, 79 Mo. App. 257; Chitty v. Railroad, 148 Mo. 64; James v. Hicks, 76 Mo. App. 108; Manufacturing Co. v. Ball, 43 Mo.
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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The court submitted the case to the jury upon a different contract than that pleaded in the amended petition. Woods v. Campbell, 110 Mo. 572; Brown v. Railroad, 101 Mo. 484; Railroad v. Railroad, 118 Mo. 625; Smith v. Railroad, 108 Mo. 243, and cases cited; Edwards v. Railroad, 79 Mo. App. 257; Chitty v. Railroad, 148 Mo. 64; James v. Hicks, 76 Mo. App. 108; Manufacturing Co. v. Ball, 43 Mo. App. 512, and cases cited; Ragan v. Railroad, 144 Mo. 623, 46 S. W. 602; Colliott v. Mfg. Co., 71 Mo. App. 170, and cases cited. (2) The…
1Opinion of the CourtSmith, P. J.
On December 14, 1899, the plaintiff entered into a written contract with one S. F. Scott, trustee, whereby the former sold and assigned to the latter 144 shares of stock in the defendant, the Choctaw Coal and Mining Company, which company we shall hereafter designate as the “coal company,” for $2,-500, of which amount $1,000 was then paid, and the remaining amount of $1,500 was to be paid on or before January 1, 1900. There was a provision in the contract to the effect that “94 shares of said stock had been levied on under an execution in favor of Herman Gredosch against W. H. Caffery; and if…
2Cases cited25 opinions
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Young v. South Tredegar Iron Co.Tennessee Supreme Court · 1886
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
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3Cited by6 opinions
- Richardson v. BuschSupreme Court of Missouri · 1906
- Webb v. CarterMissouri Court of Appeals · 1906
- Small v. SpeeceMissouri Court of Appeals · 1908
- Hester v. FrinkMissouri Court of Appeals · 1915
- Dean Rapid Telegraph Co. v. HowellMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.