Wear v. Lee
Missouri Court of Appeals
Error to the Carter County Circuit Court, John G. Wear, Judge. The court is not limited to granting one new trial, “ when the jury, after being properly instructed by the court, misconceive, or entirely disregard, the instructions.” The State exrel. v. Adams, 76 Mo. 605, 609, and cases cited. "The taking of a promissory noce, or check, for an account is not payment of the account, unless expressly so agreed at the time.
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Error to the Carter County Circuit Court, John G. Wear, Judge. The court is not limited to granting one new trial, “ when the jury, after being properly instructed by the court, misconceive, or entirely disregard, the instructions.” The State exrel. v. Adams, 76 Mo. 605, 609, and cases cited. "The taking of a promissory noce, or check, for an account is not payment of the account, unless expressly so agreed at the time. Appleton v. Kennon, 19 Mo. 637, 640; Ashdown ¶. Woods, 31 Mo. 465, 466 ; Howard v. Jones, 33 Mo. 583, 587 ; Riggs ®. Goodrich, 74 Mo. 108, 112 ; Wiles v, Robinson, 80 Mo. 47,…
1Opinion of the CourtThompson, J.
This is an action at law on a merchant’s account.. The answer is a general denial, and a separate paragraph *101■setting up payment. A trial-before a jury resulted in a verdict and judgment for tlie defendants, and the plaintiffs prosecute a writ of error in this court.
The suit was originally commenced on the ninth day -of September, 1881. The cause has been tried three times, and each trial has resulted in a verdict and judgment for the defendants. The first trial took place on the eighteenth day of April, 1883. From the judgment rendered at this trial the plaintiffs appealed to the supreme…
2Cases cited13 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Appleton v. KennonSupreme Court of Missouri · 1854
- Dyas v. HansonMissouri Court of Appeals · 1883
- Morrison v. McCartneySupreme Court of Missouri · 1860
- Citizens' Bank v. CarsonSupreme Court of Missouri · 1862
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3Cited by1 opinion
- Singer v. DickneiteMissouri Court of Appeals · 1892