Legal Opinion

Hobart v. Murray

Missouri Court of Appeals

Decided May 9, 1893PublishedCited by 8 opinions

Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. ' The petition alleges the existence of a lease. The «one offered in evidence is not a valid lease, nor is it a lease or license for a longer period than five years, which had expired long before the cause of action here-is alleged to have accrued. 2 Greenleaf’s Cruise on Real Property, sec. 15, top p. 378; 1 Washburn on Real Property [5 Ed.] sec. 6, p. 470; Martindale on the Law of Conveyancing [1 Ed.] sec.…

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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. ' The petition alleges the existence of a lease. The «one offered in evidence is not a valid lease, nor is it a lease or license for a longer period than five years, which had expired long before the cause of action here-is alleged to have accrued. 2 Greenleaf’s Cruise on Real Property, sec. 15, top p. 378; 1 Washburn on Real Property [5 Ed.] sec. 6, p. 470; Martindale on the Law of Conveyancing [1 Ed.] sec. 322, p. 271; Taylor’s Landlord & Tenant [5 Ed.] secs. 74, 75, 76 and 77, p. 53; Austin v. Mining Go., 72 Mo. 535. The…

1Opinion of the CourtBiggs, J.

— It is alleged by the plaintiffs in their petition that they appointed the defendant their agent to manage certain mining interests, and that as such agent he collected from parties working the mines the sum off $1,000, which sum he has neglected and refused to pay. The defendant’s answer is a general denial. A trial before a jury resulted in a verdict for the plaintiffs for $249, upon which the court entered a judgment. The defendant has appealed. His assignments of error pertain to the instructions and to the admission and. exclusion of evidence.

*251A brief statement of tbe facts is necessary…

2Cases cited6 opinions

  1. Sherwood v. SaxtonSupreme Court of Missouri · 1876
  2. Springer v. KleinsorgeSupreme Court of Missouri · 1884
  3. Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
  4. Allen v. RichardSupreme Court of Missouri · 1884
  5. Gardner v. ArmstrongSupreme Court of Missouri · 1862

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Williamson v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Schmidt v. RozierMissouri Court of Appeals · 1906
  3. Churchill v. LammersMissouri Court of Appeals · 1895
  4. Sanford's Appeal From Board of ReliefSupreme Court of Connecticut · 1903
  5. Buchannan v. ColeMissouri Court of Appeals · 1894

3 more not listed; retrieve them via the Exa API.

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