Lewis v. Frankle
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. Henry G. Riley, Judge. (1) There was not sufficient evidence upon which to find a verdict for plaintiff and the judgment was for the wrong party. Bohle v. Merc. Co., 114 Mo. App. 439; Morris v. Kansas City, 117 Mo. App. 298; Schuette v. Transit Co., 108 Mo. App. 186; Northup v. Diggs, 115 Mo. App. 91; Gould v. Johnson, 207 Mo. 619; Wein-stein v. Railroad, 128 Mo. App. 224; James v. Oliver, 129 Mo.
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Appeal from Dunklin Circuit Court. — Hon. Henry G. Riley, Judge. (1) There was not sufficient evidence upon which to find a verdict for plaintiff and the judgment was for the wrong party. Bohle v. Merc. Co., 114 Mo. App. 439; Morris v. Kansas City, 117 Mo. App. 298; Schuette v. Transit Co., 108 Mo. App. 186; Northup v. Diggs, 115 Mo. App. 91; Gould v. Johnson, 207 Mo. 619; Wein-stein v. Railroad, 128 Mo. App. 224; James v. Oliver, 129 Mo. App. 85. (2) The verdict under the evidence was too large. Morell v. Lawrence, 203 Mo. 363. Plaintiff Lewis committed error in being permitted to testify as…
1Opinion of the CourtReynolds, P. J.
This is an action for a balance claimed to be due under a contract for the sale of a stock of merchandise at New Madrid, the balance claimed being $518.05, and $201 for interest accruing. The action was originally instituted in the circuit court of New Madrid county and taken on change of venue to Dunklin county, where an answer was filed denying the indebtedness and setting up a counterclaim, a general denial being filed in reply. Trial was had before the court, a jury being waived. No declarations of law were asked or made. The court found for plaintiff, assessed his damages at $766, and…
2Cases cited1 opinion
- Morrell v. LawrenceSupreme Court of Missouri · 1907
3Cited by7 opinions
- Kimpton v. SpellmanSupreme Court of Missouri · 1943
- Security State Bank v. County of DentSupreme Court of Missouri · 1940
- State Ex Rel. Piepmeier v. CamrenMissouri Court of Appeals · 1931
- Haley v. HorwitzMissouri Court of Appeals · 1956
- First National Bank v. WoelzMissouri Court of Appeals · 1917
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