Morgan v. Keller
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon, Hugh Dabbs, Judge. (1) Two separate several contracts were admitted in evidence to prove the joint contract declared on. The trial court erred in admitting, over the objections of appellants, evidence of the distinct, separate and several agreements of defendant Zentner, and the distinct, separate and several agreements of defendant Keller, to prove the joint contract of defendants declared upon in plaintiffs’ petition.
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Appeal from Jasper Circuit Court. — Hon, Hugh Dabbs, Judge. (1) Two separate several contracts were admitted in evidence to prove the joint contract declared on. The trial court erred in admitting, over the objections of appellants, evidence of the distinct, separate and several agreements of defendant Zentner, and the distinct, separate and several agreements of defendant Keller, to prove the joint contract of defendants declared upon in plaintiffs’ petition. Davis & Rankin v. Creamery Co., 63 Mo. App. 480; Davis & Rankin v. Barber, 51 Fed. 148; Davis & Rankin, v. Belford, 70 Mich. 120;,…
1Opinion of the CourtBurgess, P. J.
This is an action by J. J. Morgan and Henrietta Von Ronzelen, who sue under the firm name and style of J. J. Morgan & Co., as partners, and their co-plaintiff, W. H. Gault. At the trial, after plaintiffs’ evidence was in, the cause was dismissed as to L. P. Cunningham, who was an original party.
The petition alleges that in the month of December, 1900, plaintiffs were employed by the defendants, George W. Keller, Nicholas Zentner and L. P. Cunningham, who owned or were the principal stockholders in the Joplin Brewing Company, to sell certain property of the said Joplin Brewing Company, that…
2Cases cited4 opinions
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Bell v. KaiserSupreme Court of Missouri · 1872
- Timberman v. CraddockSupreme Court of Missouri · 1879
- Childs & Rains v. CrithfieldMissouri Court of Appeals · 1896
3Cited by18 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Barnhill v. MillerSupreme Court of Kansas · 1923
- Taylor v. VestalSupreme Court of Missouri · 1957
- Sargent v. WekenmanMissouri Court of Appeals · 1964
- F. H. & C. B. Gerhart Real Estate Co. v. Marjorie Real Estate Co.Missouri Court of Appeals · 1910
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