Frowein v. Haysler & Haysler
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. B. P. Gates, Judge. (1) The court erred in refusing to sustain the demurrer of defendants and in overruling their motion for new trial. Deardorf v. Thatcher, 78 Mo. 128; Cayton v. Hardy, 27 Mo. 536; Meyer v. Mithmar, 41 Mo. App. 405 ; Tutt v. Clouey, 62 Mo. 116. (2) The measure or damage, if any, was not the amount of money paid by plaintiff, but the actual loss sustained by the plaintiff.
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Appeal from Jackson Circuit Court. — Hon. B. P. Gates, Judge. (1) The court erred in refusing to sustain the demurrer of defendants and in overruling their motion for new trial. Deardorf v. Thatcher, 78 Mo. 128; Cayton v. Hardy, 27 Mo. 536; Meyer v. Mithmar, 41 Mo. App. 405 ; Tutt v. Clouey, 62 Mo. 116. (2) The measure or damage, if any, was not the amount of money paid by plaintiff, but the actual loss sustained by the plaintiff. Kirkpatrick v. Downing, 58 Mo. 32; Hartzell v. Crumb, 90 Mo. 636; Hotel Co. v. Saner, 65 Mo. 289. Eor the same reason instruction number two should not have been…
1Opinion of the CourtSmith, P. J.
The petition alleges that the defendants were partners engaged in merchandising, and that plaintiff and defendants being desirious of purchasing a certificate of deposit issued by the Henry County Bank to P. H. Parks for $732, the plaintiff furnished to defendants two hundred and fifty dollars with -the understanding that the same was to be used by defendants in making the purchase of said certificate •and that she was to have a proportionate interest therein. It further alleged that the defendants purchased said certificate and received dividends thereon amounting to sixty and three-fourths…
2Cases cited3 opinions
- Rimel v. HayesSupreme Court of Missouri · 1884
- Cayton v. HardySupreme Court of Missouri · 1858
- Kelley-Goodfellow Shoe Co. v. Long-Bell Lumber Co.Missouri Court of Appeals · 1900