Tootle, Hosea & Co. v. John J. Lysaght & Co.
Missouri Court of Appeals
Appeal from the Buchanan Gircuil Court. — Hon. A. M. Woodson, Judge. (1) Tbe court erred in not directing a verdict for plaintiffs and in submitting the issues on the plea in abatement to the jury. This should have been given because of the conveyance of the shares of stock by the defendant to his son Thomas.
Read the full summary
Appeal from the Buchanan Gircuil Court. — Hon. A. M. Woodson, Judge. (1) Tbe court erred in not directing a verdict for plaintiffs and in submitting the issues on the plea in abatement to the jury. This should have been given because of the conveyance of the shares of stock by the defendant to his son Thomas. (2) It was error for the court to refuse plaintiffs’ instruction number 5 and of his own motion to modify it by interlining the words “and fraudulently made” and to give it as thus modified. Ories v. Blackman, 30 Mo. App. 2. (3) The court erred in giving the instructions asked by…
1Opinion of the CourtSmith, P. J.
This is an action brought by attachment, wherein the defendants had judgment on the issue made by the plea in abatement, and from which the plaintiffs have appealed.
It is objected by plaintiffs that the trial court erred in refusing, at their instance, to instruct the jury to the effect, if the written statement made to Dunn & Company was false, and that plaintiffs were materially influenced by said statement in giving to defendant the credit of the debt sued for, then such debt was in law *141fraudulently contracted by defendant. The court, on its own motion, modified this instruction by…
2Cases cited15 opinions
- Dunn v. WhiteSupreme Court of Missouri · 1876
- State v. ButlerSupreme Court of Missouri · 1877
- Caldwell v. HenrySupreme Court of Missouri · 1882
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Emerson v. Detroit Steel & Spring Co.Michigan Supreme Court · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
- Paretti v. RebenackMissouri Court of Appeals · 1899