Barrett v. Bell
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — IIon. Noah M. Gtvan, Judge. The court erred in admitting the statements of Hall to plaintiff at the time of tbe negotiations between them for the assignment of the lease. They were hearsay. 1leed v. Pelletier, 28 Mo. 173 ; O’Neil v. Crain, 67 Mo. 250. The first instruction given on behalf of plaintiff was wrong. It submitted to the jury a question of law. Plaintiff’s second instruction was wrong.
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Appeal from Johnson Circuit Court. — IIon. Noah M. Gtvan, Judge. The court erred in admitting the statements of Hall to plaintiff at the time of tbe negotiations between them for the assignment of the lease. They were hearsay. 1leed v. Pelletier, 28 Mo. 173 ; O’Neil v. Crain, 67 Mo. 250. The first instruction given on behalf of plaintiff was wrong. It submitted to the jury a question of law. Plaintiff’s second instruction was wrong. It declared that plaintiff’s claim could only be sustained upon the ground that the kettle was an appurtenance belonging to the hotel. Appurtenances are things…
1Opinion of the CourtSherwood, J.
Action brought before a justice of the peace to recover damages alleged to have been suffered by plaintiff' because of the removal by defendant of a certain iron kettle from certain premises alleged to have been leased to the plaintiff' by the defendant; and it was, also, alleged in the complaint that the kettle was a fixture, and constituted a portion of the leased premises, i. e., the “ Bell House ” and the property appurtenant thereto. The answer of the defendant was a general denial.
Upon the trial, the plaintiff testified in his own behalf, that since June, 1880, he had been the…
2Cases cited5 opinions
- Ogden v. . JenningsNew York Court of Appeals · 1875
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
- Frey v. DrahosNebraska Supreme Court · 1877
3Cited by6 opinions
- Jemo v. Tourist Hotel Co.Washington Supreme Court · 1909
- Balcar v. Lee County Cotton Oil Co.Court of Appeals of Texas · 1917
- Brown v. Lehigh Valley RailroadNew York Supreme Court · 1919
- Mulrooney v. O'BearMissouri Court of Appeals · 1899
- Mulrooney v. O'BearMissouri Court of Appeals · 1899
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