Bentzen v. Zierlein
Supreme Court of Missouri
APPEAL from St. Louis circuit court. Bentzen the appellant was sued in the circuit court by Zierlein the appellee and had judgment against him, to reverse which he has appealed to this court.
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APPEAL from St. Louis circuit court. Bentzen the appellant was sued in the circuit court by Zierlein the appellee and had judgment against him, to reverse which he has appealed to this court. The action was commenced by petition and summons on an instrument of writing in the German language of which the translation is as follows: “We received to day of Mr. Zierlein on loan the sum of five hundred Spanish dollars and will pay back the same within eight days or on demand, witness hand and seal, Bentzen and Kloppenburg [l. s.]” The defendant pleaded a set off, “that at the time of the…
1Opinion of the Court
Opinion delivered by
Wash J.
It is insisted by the counsel for thiTappellant that the circuit court erred, 1st. In permitting the agreement between Flugge and Zierlein dissolving their partnership to be read in evidence. 2nd. In calculating interest from eight days after the date set out in the petition; and 3rd. In finding the bond to be the individual bond of Bentzen and refusing a new trial therefor. . As to the first error above noticed, it is too late to urge it, the evidence was received without objection, at least the record shews none jt now ^00 jate to object. As to the second error…
2Cited by1 opinion
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