Gildersleeve v. Overstolz
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. STATEMENT OE THE CASE. Eespondent was the tenant of appellant in the occupation of premises in St. Louis used as a ticket broker’s office. In said premises plaintiff had a large amount of tickets, counters, chairs, partitions and other property used in conducting his business.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. STATEMENT OE THE CASE. Eespondent was the tenant of appellant in the occupation of premises in St. Louis used as a ticket broker’s office. In said premises plaintiff had a large amount of tickets, counters, chairs, partitions and other property used in conducting his business. There were lawsuits between the parties in respect to the tenancy, notice to vacate served by the appellant on respondent, and other occurrences out of which a bitter feeling grew. One evening after business hours, and after his office had been…
1Opinion of the CourtGoode, J.
The first assignment of error which requires attention ielates to the measure of damages, the court having instructed the jury to take into consideration, among other elements of damage, any injury which they might find from the evidence was directly caused to plaintiff’s business by the. tortious entry of defendant’s servants into the office and the dispossession of plaintiff.
Much difference of opinion, gradually tending towards reconciliation, has existed as to the right to recover for injury to business and loss of profits both in actions on contracts and those sounding in tort; and as'…
2Cases cited25 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Allison v. ChandlerMichigan Supreme Court · 1863
- Chapman v. KirbyIllinois Supreme Court · 1868
- Mack v. . PatchinNew York Court of Appeals · 1870
- Schile v. . BrokhahusNew York Court of Appeals · 1880
20 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Summers v. KellerMissouri Court of Appeals · 1911
- Fishang v. Eyermann Contracting Co.Supreme Court of Missouri · 1933
- Wilt v. HammondMissouri Court of Appeals · 1914
- Community Public Service Co. v. GrayCourt of Appeals of Texas · 1937
14 more not listed; retrieve them via the Exa API.