Leader Realty Co. v. Markham
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The judgment should be reversed and the cause remanded as the jury was not instructed according to the true law of the case and the verdict was for the wrong party.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The judgment should be reversed and the cause remanded as the jury was not instructed according to the true law of the case and the verdict was for the wrong party. Schmidt v. Banlrin, 193 Mo. 254; Shepherd v. Transit Co., 189' Mo. 362; Porter v. Eailroad, 199 Mo. 82. (2) The court erred in giving plaintiff’s instruction number one, in that it submitted to the jury an issue not raised by the pleadings, contained an erroneous statement of the law, and was not based upon the evidence. Le Master v. Eailroad, 122 Mo.…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendants’ chief complaint on this appeal concerns the action of the trial court in giving plaintiff’s first instruction. They first assert that that instruction contains an erroneous declaration of law in that it permitted the jury to find that “defendants dealt with said Dana C. Sycks as a broker and issued said policies upon the credit of said Dana C. Sycks, and not upon the credit of the Leader Realty Company.” Defendants’ reasoning as to this proceeds about as follows: A “ broker ’ ’ is prima facie the agent of the insured. If the defendants “dealt with…
2Cases cited4 opinions
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Barton v. City of OdessaMissouri Court of Appeals · 1904
- Bennett v. Maryland Fire Ins.U.S. Circuit Court for the District of Northern New York · 1878
- Dawson v. QuillenMissouri Court of Appeals · 1895
3Cited by4 opinions
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1932
- Ocean Accident & Guarantee Corp. v. Emporia Telephone Co.Supreme Court of Kansas · 1934
- Brand v. International Investors Insurance Co.Court of Civil Appeals of Oklahoma · 1974