Missouri Appeal Reports Volume 18

Missouri Appeal Reports Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...against him. "3. If the p' 1intifl? accepted the note sued on as a note of a corporation called the Richmond Iron and Steel Works, in payment of a debt due it only for Moore and Johnson, they can not recover in this action against Richmond as an individual. "4. The jury is instructed that if the note sued on was made and accepted as the note of the Richmond Iron and Steel 'Works, the defendant is not liable thereon individually, nor as a member of the partnership of that name." The court at the instance of the plaintifi gave the following instruction: "The court instructs the jury, that if they believe from the evidence that plaintifi's account against the firm of Moore & Johnson was due and payable at the time the note sued upon was given to plaintiff, that said note was given in settlement of said account, that an extension of the time of payment of said account for ninety days, or more, was given to the firm of Moore Johnson, that such note was accepted by Fay & Co., for such account, then and in that event the jurors must find for the plaintiff for the full amount of the note, and it is wholly immaterial Whether or not the Richmond Iron and Steel VVorks received only a portion of said goods so originally sold to Moore & Johnson, if the jury found the facts to be as above set forth in this instruction." The court, of its own motion, also, gave the following instruction: "Unless the note sued on was given for a debt due plaintifi from the Richmond Iron and Steel Works, or unless the defendant, Richmond, knowingly executed. it in payment of the debt of Moore & Johnson, or its extension, as stated in instruction number one, the plaintiff can not recover in this suit as against...show more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236802918
  • 9781236802910