New York Store Mercantile Co. v. Chapman
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Son. J. L. Fort, Judge. STATEMENT OF THE CASE. This is the second appeal in this case. Mercantile Co. v. Chapman, Y8 Mo. App. 616. When it was here before, the question presented was the propriety of the ruling of the trial court constraining the plaintiff to take a nonsuit.
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Appeal from Butler Circuit Court. — Son. J. L. Fort, Judge. STATEMENT OF THE CASE. This is the second appeal in this case. Mercantile Co. v. Chapman, Y8 Mo. App. 616. When it was here before, the question presented was the propriety of the ruling of the trial court constraining the plaintiff to take a nonsuit. Upon the evidence adduced in support of the causes of action set forth in its petition, it was then held that the petition sought a recovery upon two theories: first, the assumption of a trust by defendant to pay the amount of plaintiff’s claim from the proceeds of the sale of certain…
1Opinion of the CourtBond, J.
The law applicable to the rights of the parties under the petition and proof in this case, was clearly and fully announced, on the former appeal. Mercantile Co. v. Chapman, 78 Mo. App. 616. The case has been tried in conformity with the views of the court then expressed. We can not, therefore, ■sustain the contention of the learned counsel for appellant that the trial court erred in refusing instructions offered on its behalf which were inapplicable to the issue held to be tendered by the petition when it was passed upon by this court on the first appeal. Nor can we sustain the point,…
2Cases cited1 opinion
- New York Store Mercantile Co. v. ChapmanMissouri Court of Appeals · 1899
3Cited by2 opinions
- Songer v. BrittainMissouri Court of Appeals · 1954
- Meisch v. SippyMissouri Court of Appeals · 1903