Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. ~W. Henry, Judge. (1) The instructions given by ‘the trial court in behalf of the plaintiff are erroneous. Said instructions undertook to cover the whole case, and should therefore embody all the facts essential to plaintiff’s recovery, and should not, by ignoring the same, exclude from the consideration of the jury points raised by the evidence of defendant. The above rule is well settled. Cultivator Co. v. R’y, 64 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Jno. ~W. Henry, Judge. (1) The instructions given by ‘the trial court in behalf of the plaintiff are erroneous. Said instructions undertook to cover the whole case, and should therefore embody all the facts essential to plaintiff’s recovery, and should not, by ignoring the same, exclude from the consideration of the jury points raised by the evidence of defendant. The above rule is well settled. Cultivator Co. v. R’y, 64 Mo. App. 305; Machine Co. v. Bohhst, 56 Mo. App. 427; Hohstadt v. Daggs, 50 Mo. App. 240. “A draft or order drawn upon a debtor…
1Opinion of the CourtGill, J.
This is a suit in replevin for three cars of wheat aud is of several years’ standing. It was begun in September, 1890,. resulting in a judgment in the circuit court in defendant’s favor; thence appealed to this court, where the judgment of the circuit court was affirmed (52 Mo. App. 407); then transferred to the supreme court because of a supposed conflict of decision between this court and the St. Louis court of appeals; the supreme court heard the case (126 Mo. 344) and reversed the judgment of the circuit court, where another trial was had with a judgment for' plaintiff, and defendant has…
2Cases cited4 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Albers v. Commercial BankSupreme Court of Missouri · 1884
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1893
- Carroll Exchange Bank v. First National BankMissouri Court of Appeals · 1894
3Cited by6 opinions
- Hilmer v. HillsCalifornia Supreme Court · 1902
- Howard v. HaasMissouri Court of Appeals · 1908
- Maxwell v. DurhamMissouri Court of Appeals · 1927
- Johnston v. Parrott & BarnesMissouri Court of Appeals · 1902
- Sharp v. HawkinsMissouri Court of Appeals · 1908
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