National Warehouse & Storage Co. v. Toomey
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The peremptory instruction for nominal damages for plaintiff, given by the court at the first trial at defendants’ request, should have been allowed in evidence. It was a solemn admission of plaintiff’s cause of action, conceding everything except the amount of damages. 38 Cyc. 1637; Pratt v. Conway, 148 Mo. 291, 299; G-reenleaf on Evid., sec. 186; Eames v. N. T. Life, 134 Mo.
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Appeal from St. Louis Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The peremptory instruction for nominal damages for plaintiff, given by the court at the first trial at defendants’ request, should have been allowed in evidence. It was a solemn admission of plaintiff’s cause of action, conceding everything except the amount of damages. 38 Cyc. 1637; Pratt v. Conway, 148 Mo. 291, 299; G-reenleaf on Evid., sec. 186; Eames v. N. T. Life, 134 Mo. App. 331; Brookfield v. Drury College, 139 Mo. App. 339; State v. 0'’lSreill, 151 Mo. 67, 80, 81; Overton v. White, 117 Mo. App. 576; Kirkpatrick…
1Opinion of the CourtReynolds, P. J.
This action was instituted before a justice of the peace, by attachment for breach of a contract evidenced by the following memorandum:
*67“Independence, Iowa,........190..
“M..........................
“In account with Toomey & Abeam.
10/27/06.
“Sold to National W. H. & St. Co. 12 cars No. 1 Tim. hay at $12.00 ton track Independence.
“Toomey & Aheabn.”
Along with this memorandum a statement was filed in which it is set out that on or about October 27,1906, defendants entered into a contract with plaintiff by which they agreed to sell and did sell to plaintiff twelve cars No. 1 timothy hay at. $12 pet…
2Cases cited5 opinions
- State ex rel. Dunham v. NixonSupreme Court of Missouri · 1910
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1911
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1910
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1911
3Cited by5 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Buttman v. ChristySupreme Court of Iowa · 1924
- Jackson v. Farmers Union Livestock CommissionMissouri Court of Appeals · 1944
- Jordan v. DanielsMissouri Court of Appeals · 1930
- Denver City Tramway Co. v. DoyleSupreme Court of Colorado · 1917