Webb & Kinne v. Steiner
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) The first count of plaintiff’s petition stated a good cause of action. Under the evidence plaintiffs should have recovered on this count, and the court erred in not so instructing the jury. Winningham v. Faucher, 52 M'o. App. 458; Lathrop v. Mayer, 86 Mo-. App. 355-362; York v. Bank, 105 Mo. App. 127; Bichardson . v. Drug Co., 92 M'o. App. 515; Clark v. Bank, 57 Mo. App. 277; Jacoby v. O’Heame, 32 Mo.
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Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) The first count of plaintiff’s petition stated a good cause of action. Under the evidence plaintiffs should have recovered on this count, and the court erred in not so instructing the jury. Winningham v. Faucher, 52 M'o. App. 458; Lathrop v. Mayer, 86 Mo-. App. 355-362; York v. Bank, 105 Mo. App. 127; Bichardson . v. Drug Co., 92 M'o. App. 515; Clark v. Bank, 57 Mo. App. 277; Jacoby v. O’Heame, 32 Mo. App. 566; Thomas v. Eamsey, 47- Mo. App. 85; Koopman v. Cahorn, 47 Mo. App. 357-362; E. S. 1899, sec. 604 and 605; Nelson v.…
1Opinion of the CourtEllison, J.
— Plaintiffs brought this action for tbe sum of one thousand dollars and set it forth in tbe petition of two counts — tbe first for money bad and received; and tbe second charging a fraudulent contract for the transfer of a stock of goods to plaintiffs upon which they paid one thousand dollars, and then, upon discovery of tbe fraud, rescinded and demanded tbe return of tbe money, which defendants refused. Tbe judgment in tbe trial court was for tbe defendants. Tbe plaintiffs and defendants made, or attempted to make, an exchange of properties. Tbe plaintiffs owning mill property in Lee’s…
2Cases cited2 opinions
- Davis v. HallCourt of Appeals of Maryland · 1880
- Crews v. GarneauMissouri Court of Appeals · 1883
3Cited by6 opinions
- Norris v. LetchworthMissouri Court of Appeals · 1912
- Moore Co., Inc. v. J.S. McConkeyMissouri Court of Appeals · 1947
- Quigley v. KingMissouri Court of Appeals · 1914
- Foss-Hughes Co. v. NormanSuperior Court of Delaware · 1923
- Pioneer Gold Mining Co. v. PriceMissouri Court of Appeals · 1915
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