Musser v. Adler
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. — Hon. William H. Shekman, Judge. (1) The court erred in giving plaintiff’s third in:Struction. It is a commentary on portions of the evi-' Hence. Rose 'o. Spies, 44 Mo. 26; Head v. Hargrave, 105 U. S. 45. (2) Plaintiff’s third instruction was also -erroneous. Under it there was no need of any proof of the value of any service. (3) Plaintiff’s ninth instruction was not warranted by the evidence.
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Appeal from, Buchanan Circuit Court. — Hon. William H. Shekman, Judge. (1) The court erred in giving plaintiff’s third in:Struction. It is a commentary on portions of the evi-' Hence. Rose 'o. Spies, 44 Mo. 26; Head v. Hargrave, 105 U. S. 45. (2) Plaintiff’s third instruction was also -erroneous. Under it there was no need of any proof of the value of any service. (3) Plaintiff’s ninth instruction was not warranted by the evidence. The court •could not tell the jury that the criminal case mentioned In it was'of great or little importance. (4) The instructions given for plaintiff are…
1Opinion of the CourtBlack, J.
— The defendants were partners as rectifiers and wholesale dealers in liquors. They' became involved in much litigation, civil and criminal, in the United States courts. The plaintiff, in connection with other attorneys, rendered them services in these suits and matters incident thereto, from 1875 to 1879, and to recover for these services from March, 1876, this suit-was brought: The answer was first a general denial; and, second, new matter, by which defendants admit that plaintiff rendered them services, but they say that from 1875 to 1879 they, at different times, paid him, in all,…
Also in this document: Dissent.
2Cases cited2 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Mason v. PittSupreme Court of Missouri · 1855
3Cited by28 opinions
- Cotton v. Ship-By-Truck Co.Supreme Court of Missouri · 1935
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- School District v. SheidleySupreme Court of Missouri · 1897
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
- McDearmott v. SedgwickSupreme Court of Missouri · 1897
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