Clay v. Brown
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. Olías. D. Stewart, Judge. (1) The court erred in giving to the jury instruction No. 6 on behalf of defendants, (a) This instruction wrongfully excludes the jury from considering the admissions of defendants arising from the failure of defendant Brown to answer or respond to the two letters written to him by plaintiff in the latter half of December, 1906. 1 Ency. of Ev., pp. 359, 361; Learned v. Tillotson, 97 N. Y. 1, 48 Am.
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Appeal from Lewis Circuit Court. — Hon. Olías. D. Stewart, Judge. (1) The court erred in giving to the jury instruction No. 6 on behalf of defendants, (a) This instruction wrongfully excludes the jury from considering the admissions of defendants arising from the failure of defendant Brown to answer or respond to the two letters written to him by plaintiff in the latter half of December, 1906. 1 Ency. of Ev., pp. 359, 361; Learned v. Tillotson, 97 N. Y. 1, 48 Am. Rep. 508; Advertising Co. v. Wanamaker & Brown, 115 Mo. App. 270. (b) This instruction is erroneous for the further reason that the…
1Opinion of the CourtGoode, J.
Plaintiff is an attorney at law practicing his profession in LeAvis county. James M. Brown is president and chief stockholder in the Canton Milling Company, and is co-defendant with it. The Milling Company had a flour mill and elevator in Canton which were destroyed by fire in December, 1906, as Avere a large part of the contents. Policies of fire insurance had been issued on the property by some insurance companies to the amount of $18,500. Plaintiff alleges that thereafter and about December 12, 1906, he was employed by defendants as their attorney to advise and assist them in collecting…
2Cases cited3 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Schlicker v. GordonMissouri Court of Appeals · 1885
3Cited by2 opinions
- Simpson v. BergmannCalifornia Court of Appeal · 1932
- Opinion No. (1988), Missouri Attorney General Reports1988