Meier v. Proctor & Gamble Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit court. — Son. William Zachritz, Judge. (1) While as a rule an appellate court will not reverse the finding of a jury, or court sitting as a jury, yet where it appears upon a review of the evidence that the verdict is “inconsistent with the admissions of the successful party” or is “strongly opposed to reasonable probability,” or “seems to be the result of bias, mistake or prejudice,” or is “clearly wrong,” or results in “obvious…
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Appeal from the St. Louis City Circuit court. — Son. William Zachritz, Judge. (1) While as a rule an appellate court will not reverse the finding of a jury, or court sitting as a jury, yet where it appears upon a review of the evidence that the verdict is “inconsistent with the admissions of the successful party” or is “strongly opposed to reasonable probability,” or “seems to be the result of bias, mistake or prejudice,” or is “clearly wrong,” or results in “obvious injustice,” etc., etc., the appellate court will not hesitate to right a wrong. Hewitt v. Doherty, 25 Mo. App. 326; Watson v.…
1Opinion of the CourtBland, J.
The plaintiff, in the years 1896 and 1897 and prior thereto, was a wholesale grocer doing business in the City of St. Louis. The defendant (a corporation), was prior and during these years a manufacturer of Lenox, Ivory and other brands of soap in the City of Cincinnati, Ohio, Plaintiff for a period of 8 or 10 years prior to 1896 and during the year’s 1896 and 1897, was a customer of defendants. On July 1, 1896, the defendant printed and undertook to mail to each of its customers the following circular:
“Cincinnati, Ohio, July 1st, 1896.
“To................
“If you regard the soaps of this…
2Cases cited8 opinions
- Musser v. AdlerSupreme Court of Missouri · 1885
- Garrett v. GreenwellSupreme Court of Missouri · 1887
- Friesz v. FallonMissouri Court of Appeals · 1887
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
- National Lead Co. v. S. E. Grote Paint Store Co.Missouri Court of Appeals · 1899
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3Cited by2 opinions
- England v. DenhamMissouri Court of Appeals · 1902
- Pittsburg Steel Co. v. CottenginMissouri Court of Appeals · 1914