John A. Tolman Co. v. Hunter
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Eon. W. ■ W. Graves, Judge. (1) The appellate court will set aside a verdict, which is without substantial evidence to support it, or which is manifestly the result of prejudice or passion. • Acklin v. Staehlin, 56 Mo. 558; Long v. Moon, 107 Mo. 334; Hewitt v. Steele, 136 Mo. 327; Oglesby v. Railroad, 177 Mo. 272; Curtiss v. Driggs, 25 Mo. App. 175; Bank v. Lawson, 87 Mo. App. 42; Roman v. Trading Co., 87 Mo.
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Appeal from Henry Circuit Court. — Eon. W. ■ W. Graves, Judge. (1) The appellate court will set aside a verdict, which is without substantial evidence to support it, or which is manifestly the result of prejudice or passion. • Acklin v. Staehlin, 56 Mo. 558; Long v. Moon, 107 Mo. 334; Hewitt v. Steele, 136 Mo. 327; Oglesby v. Railroad, 177 Mo. 272; Curtiss v. Driggs, 25 Mo. App. 175; Bank v. Lawson, 87 Mo. App. 42; Roman v. Trading Co., 87 Mo. App. 186; Gage v. Trawick, 94 Mo. App. 307. (2) A change of the terms of a contract will not release the surety or guarantor of such contract from…
1Opinion of the CourtEllison, J.
— This is an action on a contract of guaranty. The judgment in the trial court wras for the defendants. It appears that plaintiffs made a. contract of employment of one Gary E. Hunter as (‘a traveling *673salesman and otherwise.” That he was to collect money for them in the territory over "which he traveled. That he would repay to plaintiffs whatever money they might advance to him. That he was to be paid a commission on his sales and was to bear his own expenses. After a period of near one year he quit the service in debt to plaintiffs seven hundred and forty dollars.
The answer contained two…
2Cases cited4 opinions
- School District ex rel. Koken Iron Works v. LiversSupreme Court of Missouri · 1899
- Warden v. RyanMissouri Court of Appeals · 1889
- Leavel v. PorterMissouri Court of Appeals · 1893
- Kansas City ex rel. Diamond Brick v. McGovernMissouri Court of Appeals · 1899
3Cited by2 opinions
- Frick Company v. SeibelMissouri Court of Appeals · 1938
- Chesapeake Transit Co. v. MottCourt of Appeals for the Third Circuit · 1909