Goetz v. Piel
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The court below, erred in its view of the law. The court is mistaken in supposing that the referee found, as matter of law, that there had been no appropriation of the payments by the appellants. If the referee has made such finding of law, it is erroneous under his finding of the facts. 1 Am.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The court below, erred in its view of the law. The court is mistaken in supposing that the referee found, as matter of law, that there had been no appropriation of the payments by the appellants. If the referee has made such finding of law, it is erroneous under his finding of the facts. 1 Am. Leading Cas. 342, '"278 ; 344, 346, *280, 282 ; Starrett v. Barber, 20 Me. 457; Allen Kimball, 23 Pick. 473 ; Upham v. Lefavour, 11 Mete.. 185 ; United States v. Bradbury, Davies, 151. If it be true that neither pal ty made any…
1Opinion of the CourtThompson, J.
This action is brought to recover the penalty of a bond executed by the defendants to the plaintiffs, in the penal sum of two thousand dollars, to secure the performance by the defendant, Piel, of a contract between him and the plaintiffs, whereby they agreed to sell -him as much Glencoe black lime, of their manufacture, as he .should require during the year succeeding the date of the bond, at a stipulated price per bushel, provided they should have the same on hand; and whereby he agreed to make payments for each month’s purchases, at stated, periods in such month. The petition alleges that…
2Cases cited17 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- Truscott v. . KingNew York Court of Appeals · 1852
- McCune v. BeltSupreme Court of Missouri · 1869
- Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
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3Cited by8 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Bender v. MarkleMissouri Court of Appeals · 1889
- Price v. MerrittMissouri Court of Appeals · 1894
- McMillan v. GraystonMissouri Court of Appeals · 1900
- C. D. Smith Drug Co. v. SaundersMissouri Court of Appeals · 1897
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