Peoples Bank v. Stewart
Missouri Court of Appeals
Appeal from Dade Circuit 'Court. — Hoto. B. G. Thurmcm, Judge. (1) The court erred in refusing plaintiff’s instruction marked “ Al.” This instruction submitted to the jury the only issue of fact made by the pleadings. Every fact necessary to entitle plaintiff to recover was admitted except the amount of money paid out by the plaintiff in cashing the checks- of Roley & Company.
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Appeal from Dade Circuit 'Court. — Hoto. B. G. Thurmcm, Judge. (1) The court erred in refusing plaintiff’s instruction marked “ Al.” This instruction submitted to the jury the only issue of fact made by the pleadings. Every fact necessary to entitle plaintiff to recover was admitted except the amount of money paid out by the plaintiff in cashing the checks- of Roley & Company. This was the only fact which ought to have been submitted to the jury and was properly submitted in this instruction requested by the plaintiff. Bank v. Stewart, 152 Mo. App. 314; Bank v. Stone, 93 Mo. App. 292; Cole v.…
1Opinion of the Court
GRAY, J. —
A history of this suit and the understanding of its facts and issues may he found in the opinion of this court on a former appeal, and .reported in the 152 Mo. App. 314, 133 S. W. 70. When the case was rémanded, an amended answer was filed, but otherwise the pleadings were the same as in the former appeal. The amended answer admitted the execution of the order described in the fourth count of the petition, but denied, under oath, the execution of the orders described in the other counts. The answer further alleged: “Defendant says and avers that the orders alleged to have been…
2Cases cited4 opinions
- Masterson v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Clippard v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Peters v. Gille Manufacturing Co.Missouri Court of Appeals · 1908