Legal Opinion

J. I. Case Plow Works v. J. A. Ross & Co.

Missouri Court of Appeals

Decided April 4, 1898PublishedCited by 4 opinions

Appeal from the Gentry Circuit Court. — Hon. O. A. Anthony, Judge. (1) The trial court had committed no error in permitting the introduction of the depositions of defendants Robertson and Ennis, as their written and signed statements against interest. They were parties defendant and this fact made their written statements admissible. Bogie v. Nolan, 96 Mo. 91; dissenting opinion of Mr. Justice Sherwood in Priest v. Way, 87 Mo. 16; Dry Goods Co. v. McMahan, 61 Mo.

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Appeal from the Gentry Circuit Court. — Hon. O. A. Anthony, Judge. (1) The trial court had committed no error in permitting the introduction of the depositions of defendants Robertson and Ennis, as their written and signed statements against interest. They were parties defendant and this fact made their written statements admissible. Bogie v. Nolan, 96 Mo. 91; dissenting opinion of Mr. Justice Sherwood in Priest v. Way, 87 Mo. 16; Dry Goods Co. v. McMahan, 61 Mo. App. 499; Martin v. Cropp, 61 Mo. App. 607. (2) We submit that the court committed no error upon the trial in either particular…

1Opinion of the CourtGill, J.

statement. — Plaintiff has appealed from an order granting a new trial. The case is replevin for the recovery of a lot of machinery and implements which the plaintiff in the early part of 1896 sold to defendants Robertson and Ennis, who were then doing ]3Uginess at King City in Gentry county under the assumed name of J. A. Ross & Company. Robertson and Ennis were officers in the Farmers’ *441Bank of King City and gave little attention to the implement business which was conducted by one Flood as manager. It seems that during the progress of the implement business, conducted by Flood, the latter…

2Cases cited13 opinions

  1. Cahn v. ReidMissouri Court of Appeals · 1885
  2. Guckenheimer v. . AngevineNew York Court of Appeals · 1880
  3. Chamberlin v. FullerSupreme Court of Vermont · 1886
  4. Bogie v. NolanSupreme Court of Missouri · 1888
  5. Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871

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

3Cited by4 opinions

  1. O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
  2. Munday v. AustinSupreme Court of Missouri · 1949
  3. Sikes v. ChaneyMissouri Court of Appeals · 1927
  4. Soper Lumber Co. v. Halsted and Harmount Co.Supreme Court of Connecticut · 1901

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