272 S.W. 1018 G.H. DEATON COMPANY, APPELLANTS, v. TARKIO MOLASSES FEED COMPANY, RESPONDENT. Kansas City Court of Appeals. May 25, 1925. 1. — Sales — Where Executory Contract is Countermanded byBuyer, Seller is Limited to His Action for Breach, but BuyerCannot Countermand after Goods Have Been Produced andAppropriated to Contract by Seller. Where a contract […]
Category: Court Opinions
G.M.A.C. v. WINDSOR GROUP, INC., 2 S.W.3d 836 (Mo.App.E.D. 1999)
GENERAL MOTORS ACCEPTANCE CORPORATION, APPELLANT v. THE WINDSOR GROUP, INC., AND WINDSOR INSURANCE COMPANY, RESPONDENTS. No. ED 74939Missouri Court of Appeals, Eastern District, Division Three. September 7, 1999 [EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.] Appeal from the Circuit Court of St. Louis County, Hon. Patrick Clifford. Page […]
MITCHELL v. F.M. THORPE MANUFACTURING CO., 924 S.W.2d 56 (Mo.App.W.D. 1996)
EARLINE MITCHELL, RESPONDENT, v. F. M. THORPE MANUFACTURING COMPANY, APPELLANT. WD 51739Missouri Court of Appeals, Western District. Filed: June 18, 1996 APPEAL FROM THE LABOR INDUSTRIAL RELATIONS COMMISSION. Bill Richerson, P.O. Box 419777, KCMO 64141 for appellant. Stephen Nordyke, 15 West Dakota, Butler, MO 64730 for respondent. Before Lowenstein, P.J., Hanna and Spinden, JJ. Per […]
McKENNA v. POELKER, 582 S.W.2d 691 (Mo.banc 1979)
JOSEPH P. McKENNA ET AL., APPELLANTS, v. JOHN H. POELKER ET AL., RESPONDENTS. No. 60804.Supreme Court of Missouri, En Banc. June 27, 1979. Rehearing Denied July 17, 1979. APPEAL FROM THE CIRCUIT COURT OF THE CITY OF ST. LOUIS; CARL R. GAERTNER, JUDGE. Alan C. Kohn, St. Louis, for appellants. Kenneth F. Teasdale, Richard A. […]
HUNGATE v. HUDSON, 353 Mo. 944 (Mo. 1945)
185 S.W.2d 646 EARL HUNGATE, Appellant, v. FINIS B. HUDSON, Doing Business as F.B. HUDSON MOVING COMPANY. No. 39092.Supreme Court of Missouri, Division Two. February 5, 1945. Rehearing Denied, March 5, 1945. 1. TRIAL: Evidence: Prejudicial Cross-Examination of Plaintiff:General Objections Sufficient. If questions asked on cross-examination of the plaintiff are wholly incompetent for any purpose […]
MO. VALLEY LIFE INS. CO. v. RIDDLE, 226 Mo. App. 187 (1931)
43 S.W.2d 1059 MISSOURI VALLEY LIFE INSURANCE COMPANY, A CORPORATION, APPELLANT, v. MARY F. RIDDLE, WILBUR L. RIDDLE AND LEWIS RIDDLE, RESPONDENTS. Springfield Court of Appeals. December 11, 1931. 1. — Life Insurance. An action to cancel a life insurance policy, after death of insured, On ground of fraud in its procurement, may be maintained […]
CITY OF CLINTON v. TERRA FOUNDATION, INC., 139 S.W.3d 186 (Mo.App.W.D. 2004)
CITY OF CLINTON, Missouri, Respondent, v. TERRA FOUNDATION, INC., Appellant, Elmer L. Flick, Defendant, Ricci L. McCallister a/k/a Ricci L. Turner, Appellant, and David L. Flick, Appellant. No. WD 62813.Missouri Court of Appeals, Western District. June 22, 2004. Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 2004. Appeal from the Circuit Court, […]
SMITH v. ST. LOUIS PUBLIC SERVICE COMPANY, 277 S.W.2d 498 (Mo. 1955)
JINK SMITH (PLAINTIFF), RESPONDENT, v. ST. LOUIS PUBLIC SERVICE COMPANY, A CORPORATION (DEFENDANT), APPELLANT. No. 44194.Supreme Court of Missouri. Division No. 2. April 11, 1955. APPEAL FROM THE CIRCUIT COURT, CITY OF ST. LOUIS, J. HENRY CARUTHERS, S. J. Page 499 Lloyd E. Boas, Harry L. Bell, St. Louis, for appellant. J. Ben Searcy, Eminence, […]
DOWNEY v. UNITED WEATHERPROOFING, INC., 363 Mo. 852 (Mo. 1953)
253 S.W.2d 976 FLOYD E. DOWNEY and TOMMIE HAMPTON, doing business as RELIABLE WEATHERPROOFING COMPANY, Appellants, v. UNITED WEATHERPROOFING, INC., a Corporation, V.A. WALKER and L.W. STEETLE, Respondents. No. 43057.Supreme Court of Missouri, Division One. January 9, 1953. SUMMARY OF DECISION The trial court erroneously sustained a motion to dismiss plaintiffs’ petition. The first count […]
PLANT v. STATE, 766 S.W.2d 732 (Mo.App.E.D. 1989)
ROBERT HARRY PLANT, MOVANT-APPELLANT, v. STATE OF MISSOURI, RESPONDENT-RESPONDENT. No. 54984.Missouri Court of Appeals, Eastern District, Division One. February 7, 1989. Motion for Rehearing and/or Transfer to Supreme Court Denied March 8, 1989. Application to Transfer Denied April 18, 1989. APPEAL FROM THE CIRCUIT COURT, PIKE COUNTY, DAVID A. DALTON, J. J. Kevin Hamlett, W. […]
FAWKES v. NAT. REFINING CO. ET AL., 235 Mo. App. 433 (1939)
130 S.W.2d 684 BESSIE H. FAWKES, RESPONDENT, v. NATIONAL REFINING COMPANY, A CORPORATION, AND EARL HOWELL, APPELLANTS. Kansas City Court of Appeals. June 19, 1939. 1. — Trial. In suit against oil refining company and filling station attendant for injuries sustained when truck in which plaintiff was riding struck truck being pushed by owner and […]
FRAME v. BOATMEN’S BANK OF CONCORD VILL., 824 S.W.2d 491 (Mo.App.E.D. 1992)
RICHARD FRAME, APPELLANT/CROSS-RESPONDENT, v. BOATMEN’S BANK OF CONCORD VILLAGE AND BOATMEN’S NATIONAL BANK OF ST. LOUIS, RESPONDENTS/CROSS-APPELLANTS. Nos. 59534, 59571.Missouri Court of Appeals, Eastern District, Division Three. February 11, 1992. APPEAL FROM THE CIRCUIT COURT, CITY OF ST. LOUIS, ROBERT G. DOWD, JR., J. John G. Simon, St. Louis, for appellant/cross-respondent. Page 492 Joseph E. […]
VROOMAN v. HILL, 347 Mo. 341 (Mo. 1941)
147 S.W.2d 602 CLAUDE E. VROOMAN v. ROLAND HILL, Appellant. Supreme Court of Missouri, Division One. February 14, 1941. TRIALS: Instruction. It is not error to refuse an instruction when the subject matter thereof is covered by other instructions. It is not necessary to submit by instruction every disputed evidentiary fact arising in the case, […]
MARK TWAIN BANCSHARES, INC. v. KOSTMAN, 541 S.W.2d 1 (Mo.App.St.L. 1975)
MARK TWAIN BANCSHARES, INC., ET AL., PLAINTIFFS-RESPONDENTS, v. WILLIAM KOSTMAN ET AL., RESPONDENTS, AND FIRST NATIONAL BANK OF ST. PETERS ET AL., RESPONDENTS-APPELLANTS. No. 35552.Missouri Court of Appeals, St. Louis District, Division Three. June 17, 1975. Motion for Rehearing or Transfer Denied September 8, 1975. APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY, DOUGLAS L. […]
VENKER v. HYLER, 352 S.W.2d 590 (Mo. 1962)
JEROME J. VENKER, APPELLANT, v. CHARLES G. HYLER, RAYMOND R. ROBERTS, AND THE DAILY ST. FRANCOIS COUNTY JOURNAL, INC., A CORPORATION, RESPONDENTS. No. 48594.Supreme Court of Missouri, Division No. 1. January 8, 1962. APPEAL FROM THE CIRCUIT COURT OF ST. FRANCOIS COUNTY, J. O. SWINK, J. Donald E. Gillihan, Farmington, for appellant. Roberts Roberts, Farmington, […]
MEEK v. RALSTON, 918 S.W.2d 358 (Mo.App.W.D. 1996)
MARK AND ROBIN MEEK, APPELLANTS, v. ELMER RAY AND VIRGINIA FOSTER RALSTON, RESPONDENTS. No. WD 50970Missouri Court of Appeals, Western District. Opinion Filed: March 26, 1996 Page 359 APPEAL FROM THE CIRCUIT COURT OF PLATTE COUNTY, THEHONORABLE WARD B. STUCKEY, JUDGE. David Lindberg, P.O. Box 2065, KC MO 64142, forappellants. John R. Cady and Zel. […]
STATE v. MAYES, 813 S.W.2d 391 (Mo.App.E.D. 1991)
STATE OF MISSOURI, RESPONDENT, v. ROBERT E. MAYES, APPELLANT. ROBERT E. MAYES, APPELLANT, v. STATE OF MISSOURI, RESPONDENT. Nos. 56755, 58535.Missouri Court of Appeals, Eastern District, Division Four. August 20, 1991. APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY; KENNETH M. ROMINES, JUDGE. Kathleen Green, Asst. Public Defenders, St. Louis, for appellant. William L. Webster, […]
RUSSELL v. STATE, 157 S.W.3d 384 (Mo.App.E.D. 2005)
Stacy L. RUSSELL, Movant-Appellant, v. STATE of Missouri, Respondent. No. ED 84335.Missouri Court of Appeals, Eastern District. March 8, 2005. Appeal from the Circuit Court of St. Louis County; Larry L. Kendrick, Judge. Lisa M. Stroup, St. Louis, MO, for appellant. Jeremiah W. (Jay) Nixon, Atty. Gen., Alison K. Brown, Asst. Atty. Gen., Jefferson City, […]
STATE v. GEORGE, 937 S.W.2d 251 (Mo.App.E.D. 1996)
STATE OF MISSOURI, PLAINTIFF/RESPONDENT, v. RONALD E. GEORGE, DEFENDANT/APPELLANT. RONALD E. GEORGE, MOVANT/APPELLANT, v. STATE OF MISSOURI, RESPONDENT/RESPONDENT. Nos. 67883, 69985Missouri Court of Appeals, Eastern District, DIVISION ONE OPINION FILED: November 12, 1996 Motion for Rehearing and/or Transfer to Supreme Court Denied January 30, 1997 Application to Transfer Denied February 25, 1997 [1] [EDITORS’ NOTE: […]
STATE v. ANDERSON, 79 S.W.3d 420 (Mo.banc 2002)
State of Missouri, Respondent, v. Terrance L. Anderson, Appellant. No. SC 83680.Supreme Court of Missouri, En Banc. May 14, 2002 As Modified on Denial of Rehearing June 25, 2002. Appeal From: Circuit Court of Cape Girardeau County, Hon. WilliamL. Syler. Page 421 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]