Zinke v. Knights of the Maccabees of the World

Missouri Court of Appeals

Zinke v. Knights of the Maccabees of the World

209 S.W. 990, 201 Mo. App. 160, 1919 Mo. App. LEXIS 37

DecidedFebruary 4, 1919

StatusPublished

This text of 209 S.W. 990 (Zinke v. Knights of the Maccabees of the World) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zinke v. Knights of the Maccabees of the World, 209 S.W. 990, 201 Mo. App. 160, 1919 Mo. App. LEXIS 37 (Mo. Ct. App. 1919).

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Opinion

BECKEE, J.

— When this ease was originally before ns (198 Mo. App. 399, 200 S. W. 99), we disposed of it by affirming the judgment, since which time the Supreme Court on Certiorari (205 S. W. 1), has ordered the judgment of this court to be quashed as having failed to follow the law as announced by the Supreme Court in Scott v. Realty Co., 241 Mo. 112, 145 S. W. 48; McCormick v. City of St. Louis, 166 Mo. 315, 335, 65 S. W. 1038; Pollman Coal Co. v. City of St. Louis, 145 Mo. 651, 47 S. W. 563.

After careful consideration we conclude that the majority of the judges of the Supreme Court irr Basto were of the opinion that under the facts in this case the learned trial judge should have declared that as a matter of law there was an accord and satisfaction and directed a verdict for the defendant. Reading the Supreme Court’s opinion in this light it merely remains for us to order the judgment herein reversed. It is so ordered.

Reynolds, P. J., and Allen, J., concur.

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BECKEE, J.

— When this ease was originally before ns (198 Mo. App. 399, 200 S. W. 99), we disposed of it by affirming the judgment, since which time the Supreme Court on Certiorari (205 S. W. 1), has ordered the judgment of this court to be quashed as having failed to follow the law as announced by the Supreme Court in Scott v. Realty Co., 241 Mo. 112, 145 S. W. 48; McCormick v. City of St. Louis, 166 Mo. 315, 335, 65 S. W. 1038; Pollman Coal Co. v. City of St. Louis, 145 Mo. 651, 47 S. W. 563.

After careful consideration we conclude that the majority of the judges of the Supreme Court irr Basto were of the opinion that under the facts in this case the learned trial judge should have declared that as a matter of law there was an accord and satisfaction and directed a verdict for the defendant. Reading the Supreme Court’s opinion in this light it merely remains for us to order the judgment herein reversed. It is so ordered.

Reynolds, P. J., and Allen, J., concur.

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Bluebook (online)

209 S.W. 990, 201 Mo. App. 160, 1919 Mo. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zinke-v-knights-of-the-maccabees-of-the-world-moctapp-1919.

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