Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, 127. köideE. W. Stephens., 1908 |
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AFFIRMED agent alleged answer Appeal from St appellant application Bank bill bill of lading Casey cause of action circuit court City Circuit Court.-Hon city of St claim coal common law concur contract contributory negligence corporation Court of Appeals Crewdson damages defendant defendant's dence dollars dramshop duty error evidence tends ex rel fact fence fendant filed Gaska Grocer injury instruction issued Judge judgment jurisdiction jury Kansas City Kansas City Court land liable Louis City Circuit Louis Court Madrid county matter ment Missouri Modern Woodmen negligence non est factum October 22 paid pany party payment person petition physician plaintiff pleaded proof question Railroad Railway reason recover respondent Revised Statutes 1899 road rule Schuyler county statement Statute of Frauds street suit taxbills tends to show testified testimony thereof tiff tion track trial court verdict wire witness
Popular passages
Page 147 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, were reduced to writing...
Page 148 - ... to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 242 - The court instructs the jury that if you believe and find from the evidence that...
Page 242 - ... the burden is upon the plaintiff to show by a preponderance of the evidence...
Page 280 - Whatever is notice enough to excite attention and put the party on his guard and call for inquiry, is notice of everything to which such inquiry might have led. When a person has sufficient information to lead him to a fact, he shall be deemed conversant of it.