Gordon v. Miller
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Eon. Robt. A. Anthony, Judge. (1) Although it may be conceded that plaintiff was a minor, yet the evidence shows that he had been acting for himself and besides, if the contracts, or hills of sale made by him were voidable at his election, yet he could only avoid them on terms that would be equitable under all the circumstances, The law would not permit him to acquire the stock of goods, keep and not pay for them, and hence…
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Appeal from St. Francois Circuit Court. — Eon. Robt. A. Anthony, Judge. (1) Although it may be conceded that plaintiff was a minor, yet the evidence shows that he had been acting for himself and besides, if the contracts, or hills of sale made by him were voidable at his election, yet he could only avoid them on terms that would be equitable under all the circumstances, The law would not permit him to acquire the stock of goods, keep and not pay for them, and hence instruction 2 given for plaintiff is erroneous. Kerr v. Bell, 44 Mo. 120; Craig v. Van Bebber, 100 Mo. 584, 13 S. W. 906; Lacey…
1Opinion of the CourtBland, P. J.
(after stating the facts). — In rebuttal of defendants evidence and to corroborate plaintiff, plaintiff put a witness on the stand to prove his good character. The witness, after stating that he knew the general reputation of the plaintiff in the community in AA'hich he lived, was asked to state what his reputation was. The ansAver is: “He is a quiet, hard working boy, honest so far as I knoAV.” The defendants had not attacked the general reputation of plaintiff for honesty, morality or virtue or for truth and veracity. However, it was alleged in the defendants’ ansAver, in substance, that…
2Cases cited8 opinions
- Continental National Bank of Boston v. StraussNew York Court of Appeals · 1893
- Vawter v. HultzSupreme Court of Missouri · 1892
- Dudley v. McCluerSupreme Court of Missouri · 1877
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
- Stark v. Publishers George Knapp & Co.Supreme Court of Missouri · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Great Western Life Ins. Co. v. SparksSupreme Court of Oklahoma · 1913
- Milan Bank v. RichmondSupreme Court of Missouri · 1911
- State Ex Rel. Massachusetts Bonding & Insurance v. AllenSupreme Court of Missouri · 1925
- Williamson v. EckhoffMissouri Court of Appeals · 1914
- Shoffner v. FinkMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.