Blow v. Spear
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. This was an action brought by the administrator of Peter E. Blow, deceased, to recover back certain money paid by mistake of intestate. Judgment was rendered in favor of plaintiff, in the court below, for $248.50. For a general statement of the case, see opinion of the court. Plaintiff’s first instruction was improper.
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Jlppeal from St. Louis Circuit Court. This was an action brought by the administrator of Peter E. Blow, deceased, to recover back certain money paid by mistake of intestate. Judgment was rendered in favor of plaintiff, in the court below, for $248.50. For a general statement of the case, see opinion of the court. Plaintiff’s first instruction was improper. It made a particular phrase — “to be paid for when sold” — positive and absolute proof of a delivery on commission, withholding from the jury the consideration of all other evidence tending to throw light upon the transaction and to…
1Opinion of the CourtCurrier, Judge
The defendants agreed to furnish the plaintiff’s intestate with tobacco, of a certain grade and at a fixed price per pound, for resale by the latter. The plaintiff’s testimony bended to show that the tobacco was to be paid for “when sold” by the purchaser. The defendants’ testimony ten'ded to show that payment was to be made “ at the end of the month” in which the tobacco was delivered, and, if not resold by the purchaser at that time, that payment might be deferred another month. Under this arrangement the defendants delivered to the plaintiff’s intestate 940 pounds of tobacco, at the agreed…
2Cases cited1 opinion
- McArthur v. WilderNew York Supreme Court · 1848
3Cited by1 opinion
- Bicking v. StevensMissouri Court of Appeals · 1897