Joplin Water Co. v. Bathe
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. Statement by the court. This is an action brought by plaintiff against defendant to recover the principal and interest of two promissory notes given by defendant to plaintiff in payment for a lot of ice purchased by defendant from plaintiff. Defendant filed an answer containing three counts: The first was a general denial except that it admitted the signing of the two notes sued on. Second.
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Appeal from the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. Statement by the court. This is an action brought by plaintiff against defendant to recover the principal and interest of two promissory notes given by defendant to plaintiff in payment for a lot of ice purchased by defendant from plaintiff. Defendant filed an answer containing three counts: The first was a general denial except that it admitted the signing of the two notes sued on. Second. A counter-claim averring that on the-day. of--, 1888, plaintiff came to defendant and .fraudulently designing and intending to cheat and…
1Opinion of the CourtEllison, J.
The testimony tended to prove the allegations of the answer as to the impure quality of the ice. It further showed that defendant had paid all the other notes but those sued upon. It also tended to show that the fact of the ice being packed prevented defendant from learning its quality by an inspection. The court instructed the jury to find for plaintiff unless he made false representations to the defendant as to the quality of the ice. This was improper. There was *290evidence tending to prove that plaintiff had knowledge of the impure quality of the ice. It being so situated that defendant…
2Cases cited3 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Parker v. MarquisSupreme Court of Missouri · 1876
- Grigsby v. StapletonSupreme Court of Missouri · 1887
3Cited by3 opinions
- Ed S. Michelson, Inc. v. Nebraska Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1933
- Missouri & Illinois Coal Co. v. Consolidated Coal Co.Missouri Court of Appeals · 1907
- Peoria Manufacturing Co. v. Bain Manufacturing Co.Missouri Court of Appeals · 1898