Milburn v. Beach & Eddy
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1st. The instruction of (he court was wrong respecting smart money, and vindictive damages. Potter & Lansing, 1 John. 222. 226; Smith vs. Putney, 6 Shop., 87. And also in saying the jury could assess what “smart money” they pleased. It is too indefinite. Cleaveland vs. Davis, 3 Mo. 235. This was an odious and injudicious phrase calculated to mislead and exasperate the jury. 2nd.
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ERROR to St. Louis Circuit Court. 1st. The instruction of (he court was wrong respecting smart money, and vindictive damages. Potter & Lansing, 1 John. 222. 226; Smith vs. Putney, 6 Shop., 87. And also in saying the jury could assess what “smart money” they pleased. It is too indefinite. Cleaveland vs. Davis, 3 Mo. 235. This was an odious and injudicious phrase calculated to mislead and exasperate the jury. 2nd. The court erred in refusing the instiuctions asked by the defendants with respect to damages. Brannin vs. Johnson, 19 Maine, 361; Huntly vs. Bacon, 15 Conn., 271 and p. 225; Pacific…
1Opinion of the CourtBirch, J.
Sherman, a retail merchant in St. Louis, being largely indebted to Beach & Eddy, (wholesalers in the same place,) sold them his entire stock of goods, at cost prices, towards payment of said indebtedness. The defendants in error, (plaintiffs below) thereupon took possession of the store, added some $700 worth of goods, and commenced carrying on the business through clerks, placed there for the purpose. Five days after the sale, a number of firms in the city, claiming to be creditors of Sherman, issued out writs of attachment against him, upon the alleged ground that he had fraudulently…
2Cited by6 opinions
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- Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
- Frank v. Curtis & SonMissouri Court of Appeals · 1894
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