Lawyers' Co-Operative Publishing Co. v. Gordon
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) If tbe reason assigned' by tbe trial court in its order is insufficient to warrant tbe granting of a new trial, then tbe order must be reversed unless respondent affirmatively justifies tbe action of tbe court on some other ground; and, bence, counsel for tbe appellant here thought it unnecessary in the first instance to go beyond the reason given. Miller v. Cor.
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Transferred from Kansas City Court of Appeals. (1) If tbe reason assigned' by tbe trial court in its order is insufficient to warrant tbe granting of a new trial, then tbe order must be reversed unless respondent affirmatively justifies tbe action of tbe court on some other ground; and, bence, counsel for tbe appellant here thought it unnecessary in the first instance to go beyond the reason given. Miller v. Cor. Co., 130 Mo. 517; Candee v. Railroad, 130 Mo. 142. (2) The offer to take a nonsuit after the submission of the cause and after the verdict had been announced, came too late, and,…
1Opinion of the CourtMarshall, J.
This is an action of assumpsit, on account, to recover a balance of one hundred dollars, for goods sold and delivered to defendant at his request. The answer is a general denial, supplemented by a special plea that the plaintiff is a foreign corporation and has never complied with the laws of this State respecting foreign corporations, and therefore is not entitled to sue. Upon the trial the plaintiff offered the deposition of its treasurer who testified to the state of the account, and the plaintiff then called the defendant, by whom it showed a written contract for the sale of the goods,…
2Cases cited6 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Templeton v. WolfSupreme Court of Missouri · 1853
- Wilson & Co. v. StarkMissouri Court of Appeals · 1890
- Mayer v. OldMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- MacDermot v. GrantCalifornia Supreme Court · 1919
- Payne v. WhiteMissouri Court of Appeals · 1956
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Landau v. Ohio Leather Co.Missouri Court of Appeals · 1920
11 more not listed; retrieve them via the Exa API.