Legal Opinion

H. C. Bowman & Co. v. Lickey

Missouri Court of Appeals

Decided December 3, 1900PublishedCited by 3 opinions

Error to the Grundy Oirouit Court. — Hon. P. 0. Btepp, Judge. (1) Plaintiffs’ objection to the introduction of any .evidence in support of defendant’s alleged counterclaim should have been sustained. Barnes v. McMullins, 78 Mb. 260; Vaughan v. Rupple, 69 Mo-. App. 583; Woodward v. Oonder, 33 Mo. App. 147. (2) Plaintiffs’ instruction number 3 in the nature of a demurrer to defendant’s evidence should have been sustained.

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Error to the Grundy Oirouit Court. — Hon. P. 0. Btepp, Judge. (1) Plaintiffs’ objection to the introduction of any .evidence in support of defendant’s alleged counterclaim should have been sustained. Barnes v. McMullins, 78 Mb. 260; Vaughan v. Rupple, 69 Mo-. App. 583; Woodward v. Oonder, 33 Mo. App. 147. (2) Plaintiffs’ instruction number 3 in the nature of a demurrer to defendant’s evidence should have been sustained. The evidence proved two things; either of which is sufficient to defeat defendant’s, counterclaim: (a) That defendant indorsed the check and entrusted' it to Nagley, relying…

1Opinion of the CourtSmith, P. J.

This is an action brought by the plaintiffs, T. E. Bowman & Oo., a partnership, against the defendants Liekey, Conduit and Robinson, wherein the plaintiffs in their petition allege that the defendants and one Nagley entered into a conspiracy for the purpose of cheating and defrauding them — the plaintiffs — and that they — the defendants — were successful in carrying out their said conspiracy to the damage of plaintiffs, etc. The defendant Liekey filed a separate answer putting in issue the allegations of the plaintiffs’ petition touching the conspiracy and alleging a counterclaim which was…

2Cases cited5 opinions

  1. Woodruff v. GarnerIndiana Supreme Court · 1866
  2. Brown v. Railway Passenger Assurance Co.Supreme Court of Missouri · 1870
  3. Ritchie v. HaywardSupreme Court of Missouri · 1880
  4. Grady v. American Central InsuranceSupreme Court of Missouri · 1875
  5. May v. Mutual Benefit Life InsuranceMissouri Court of Appeals · 1897

3Cited by3 opinions

  1. Howard v. HaasMissouri Court of Appeals · 1908
  2. Craver v. HouseMissouri Court of Appeals · 1909
  3. Finney v. RaudabaughMissouri Court of Appeals · 1914

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