Link v. Prufrock
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. J ohn A. Talty, Judge. (1) Whatever view may be taken of the merits of the ease, this court will reverse and remand the case because the verdict is excessive. The court- should have instructed the jury to allow interest only from the bringing of the suit, which the court attempted to do- but fixed the date more than a year before.
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Appeal from the St. Louis City Circuit Court. — Hon. J ohn A. Talty, Judge. (1) Whatever view may be taken of the merits of the ease, this court will reverse and remand the case because the verdict is excessive. The court- should have instructed the jury to allow interest only from the bringing of the suit, which the court attempted to do- but fixed the date more than a year before. Instead of that, the instruction of the court required the calculation of interest by the jury, in ease they found for plaintiff, as of March 20, 1894, which prejudiced defendant in that it required the interest…
1Opinion of the CourtBland, P. J.
— On March 18, 1895, plaintiff filed before a justice of the peace in the city of St. Louis the following account for suit, to-wit:
“Theodore C. Link, Architect, Equitable Building,
St. Louis, Mo., March 1, 1895.
Messrs. Westermann & Prufroek, City:
1891. To professional services; making plans and elevations of barroom for Union Station Hotel ....................'.............$150 00
Erom the justice’s court the cause was taken to the circuit cqurt by appeal, where on a trial de novo plaintiff recovered a judgment, from which defendants appealed. This judgment was reversed and the cause remanded…
2Cases cited12 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Barkley v. Barkley Cemetery Ass'nSupreme Court of Missouri · 1899
- Whitehead v. AtchisonSupreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fairall v. City of CameronMissouri Court of Appeals · 1902