Flint-Walling Manufacturing Co. v. Ball
Missouri Court of Appeals
feppeal from the Carroll Circuit Court. — Hon. ,J. M. Davis, Judge. (1) The first instruction for plaintiff is erroneous r First.
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feppeal from the Carroll Circuit Court. — Hon. ,J. M. Davis, Judge. (1) The first instruction for plaintiff is erroneous r First. Because it told the j ury to find for plaintiff for the amount of the note and interest, unless plaintiff warranted the mill, etc., and same was blown down by reason of the defective erection ; and, second, because the court, having used the word “warranted,” failed to define it for the information of the jury, or to tell them what facts in law would constitute warranty.' Before the jury could find for defendant under this instruction, they must find both warranty…
1Opinion of the CourtSmith, P. J.
This was a suit on a promissory note executed by David Ball, who has since died, to plaintiff, for the sum of $72.50, and due twelve months after the date thereof. Defendant’s answer is as follows : *508“Defendant, for Ms answer to plaintiff’s petition, herein denies each and every allegation therein, except as hereinafter specifically admitted; and for further answer and defense defendant states that he made the note described in plaintiff’s petition herein, and that said note was wholly without consideration, and that said note was given as and for the purchase price of, and delivery and…
2Cases cited18 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Peck v. RitcheySupreme Court of Missouri · 1877
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- Musser v. AdlerSupreme Court of Missouri · 1885
- Brown v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
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3Cited by5 opinions
- City of Peculiar v. Effertz Bros Inc.Missouri Court of Appeals · 2008
- Noyes, Norman & Co. v. CunninghamMissouri Court of Appeals · 1892
- Jaminet v. American Storage & Moving Co.Missouri Court of Appeals · 1904
- Massey-Harris Co. v. QuickMissouri Court of Appeals · 1931
- Hewitt v. PriceMissouri Court of Appeals · 1903