Legal Opinion

Robinson & Co. v. Ligon

Missouri Court of Appeals

Decided January 18, 1910PublishedCited by 2 opinions

Appeal from Lewis Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) The court erred in overruling plaintiff’s motion to have this cause tried as one in equity. Allen v. Logan, 96 Mo. 591; Swan v. Stevens, 143 Mo. 384; Dunn v. McCoy, 150 Mo. 548; Courtney v. Blackwell, 150 Mo. 245; Martin v. Turnbaugh, 153 Mo. 172; Beland v. Brewing Assn., 157 Mo. 593. (2) The court erred in admitting illegal evidence.

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Appeal from Lewis Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) The court erred in overruling plaintiff’s motion to have this cause tried as one in equity. Allen v. Logan, 96 Mo. 591; Swan v. Stevens, 143 Mo. 384; Dunn v. McCoy, 150 Mo. 548; Courtney v. Blackwell, 150 Mo. 245; Martin v. Turnbaugh, 153 Mo. 172; Beland v. Brewing Assn., 157 Mo. 593. (2) The court erred in admitting illegal evidence. The court erred in permitting defendant, over the objections of plaintiff, to contradict and vary by oral testimony the complete written contracts, which he admitted he had executed and…

1Opinion of the CourtReynolds, P. J.

(after stating the facts). — ■ As the case will have to be remanded, it is unnecessary to pass on the action of the court in overruling plaintiff’s motion to try the issues involved in the fourth count of the answer, that is, the issue as to the consideration of the notes having failed and which demanded *640a surrender and cancellation of the notes, as this point can easily be done away with and the objection obviated by the defendant striking out from its third amended answer the claim for affirmative relief involved in the cancellation of the notes which is all that it is claimed puts the case…

2Cases cited2 opinions

  1. B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1909
  2. B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1907

3Cited by2 opinions

  1. Martin v. ShoubIndiana Court of Appeals · 1916
  2. Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914

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