Flowers v. Helm
Supreme Court of Missouri
Error to Carrol Circuit Court. It is deemed unnecessary to set forth the facts more fully than they are stated in the opinion of the court. I. The court should have sustained the motion asking the court to instruct the jury to retire and make up their verdict respecting the liability of two of the defendants, James and Simon Helm. (26 Mo. 586; Sess. Acts, 1857, p. 181.) The declarations made by Jacob Helm were not evidence as against the others.
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Error to Carrol Circuit Court. It is deemed unnecessary to set forth the facts more fully than they are stated in the opinion of the court. I. The court should have sustained the motion asking the court to instruct the jury to retire and make up their verdict respecting the liability of two of the defendants, James and Simon Helm. (26 Mo. 586; Sess. Acts, 1857, p. 181.) The declarations made by Jacob Helm were not evidence as against the others. They were made after the dissolution of the partnership. (23 Mo. 185; 27 Mo. 553.) The instructions given were erroneous. The court erred in refusing…
1Opinion of the CourtScott, Judge
As there is a difference between the record as it appears before us and the statement of the case as made by counsel, we must of course be governed by the record as it is written. The instruction of which most complaint is made by the defendants it appears was given on motion of the defendants themselves. It is numbered five, and is to the effect that the declarations of Jacob Helm are to be regarded by the jury as evidence against himself only, unless the jury *325find that he and the other defendants were partners; and if they were partners, then such declarations were, to be regarded as…
2Cited by13 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Meffert v. LawsonSupreme Court of Missouri · 1926
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