Legal Opinion

Roumeloitis v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided April 7, 1914PublishedCited by 2 opinions

Appeal from Si. Louis City Circuit .Court.—Hon. Hugo Muench, Judge. (1) Upon the facts shown by the record plaintiff was not entitled to recover, as defendant had fully complied with his request. Williams v. Verity, 98 Mo. App. 654; Hackett v. Van Frank, 105 Mo. App. 384; Layson v. Cooper, 174 Mo. 211; Banking Company v. Commission Company, 195 Mo. 262; Moore v. Bank of Commerce, 52 Mo. 379; Pitman v. Mining Co., 78 Mo.

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Appeal from Si. Louis City Circuit .Court.—Hon. Hugo Muench, Judge. (1) Upon the facts shown by the record plaintiff was not entitled to recover, as defendant had fully complied with his request. Williams v. Verity, 98 Mo. App. 654; Hackett v. Van Frank, 105 Mo. App. 384; Layson v. Cooper, 174 Mo. 211; Banking Company v. Commission Company, 195 Mo. 262; Moore v. Bank of Commerce, 52 Mo. 379; Pitman v. Mining Co., 78 Mo. App. 438. (2) Even if the case where one of two innocent parties should suffer, the fault was that of the plaintiff. Bank v. Bank of Commerce, 107 Mo. 406; Kane v. Dauernheim,…

1Opinion of the CourtReynolds, P. J.

The plaintiff brought his action againt defendant to recover an amount claimed to be due him as wages for labor. The cause was tried before the court, a jury being waived, on an agreed statement of facts. From this agreed statement it appears that plaintiff, a Greek, was employed and worked for defendant as a laborer at Eureka, for sixteen days during the month of June, 1911. He was to receive for his services $1.50 a day, leaving $23.75 as the amount due him when he quit, after deducting twenty-five cents for hospital fee. Plaintiff left Eureka without obtaining what is known as an…

2Cases cited6 opinions

  1. Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
  2. Moore v. Bank of CommerceSupreme Court of Missouri · 1873
  3. Northwestern National Bank v. Bank of CommerceSupreme Court of Missouri · 1891
  4. Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
  5. Layson v. CooperSupreme Court of Missouri · 1903

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3Cited by2 opinions

  1. Yeomans v. NachmanMissouri Court of Appeals · 1917
  2. Missouri Pacific Railroad v. Askew Saddlery Co.Missouri Court of Appeals · 1923

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