tag:blogger.com,1999:blog-7480123344700782018Fri, 13 Sep 2024 11:25:52 +0000lawcourtbusinesscase lawcontractsdefendantstatute of fraudstrialattorneycaseelectionjudgmentplaintifftrusteeApolonia Kulick and Alex KulickCircuit Court of the City of St. LouisCorrupt-Practices-ActKentuckyMissouriOaklandPrentice-Hall Corporation Serviceamendappealblamecandidatecarcharitable subscriptioncharitychildren. contractschristianitychurchcivil procedurecodecompanycondition precedentcontractcorporationcreditcurrencydeathdebtdefendantsdemurrerestateevidenceexpensesfiled-two-contest-proceedingsfoodgovernmentguilthumanmaterial benefitmisdemeanormoralopinionoral contractsparolparol evidencepersonalpersonal jurisdictionplaintiffspolicyprecinctprivitypromissory estoppelreal estatereal estate ran throughreligionrepublicansspecific performancetaxestestamentary capacitytrusts and estatesuniversityvacationvoteswillshttp://law-case.blogspot.com/noreply@blogger.com (Case Law)Blogger12125tag:blogger.com,1999:blog-7480123344700782018.post-5488697057741693215Sun, 18 Nov 2018 01:25:00 +00002008-11-17T17:56:29.333-08:00attorneybusinesscompanycontractscourtdefendantsfoodlawstatute of fraudstrialIn this action plaintiff recovered from the appealing defendants the sum of $17,050 on a common count for monies advanced to defendants at their instance and request, no part of which has been paid. The evidence shows that defendants Provenzano and Beltran were conducting a business as co-partners under the name and style of Provenzano Food Company. On June 5, 1953, respondent gave his check http://law-case.blogspot.com/2008/11/espinola-v-provenzano.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-8664739359109973788Tue, 18 Nov 2008 16:33:00 +00002008-11-18T08:33:00.399-08:00amendappealattorneycivil procedurecodedemurrerjudgmentlawplaintiffWe have concluded that the demurrer having been sustained by stipulation, the judgment of dismissal following appellant's failure to amend, must be affirmed without reviewing the sufficiency of the complaint to state a cause of action upon the established principle that a judgment will not be reviewed or disturbed on an appeal which is prosecuted by a party who consented thereto. In Adams v. http://law-case.blogspot.com/2008/11/courts-conclusion-judgment-of-dismissal.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-8277615631975011397Tue, 18 Nov 2008 11:15:00 +00002008-11-18T03:15:00.578-08:00carcourtevidencelawOaklandopiniontrialThis evidence supports the trial court's findings in Raymond's favor. We are not prepared to say that taking a friend or relative from Oakland to her home in Grass Valley is not a 'normal use' of a passenger car when it is in good working condition. Nor can we say as a matter of law that that term changes its meaning when the car gets into such a state of disrepair that it becomes imprudent for http://law-case.blogspot.com/2008/11/court-rules-on-what-constitutes-normal.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-1949440584402765773Tue, 18 Nov 2008 05:07:00 +00002008-11-17T21:07:00.842-08:00blamebusinessdefendantlawmisdemeanormoralplaintiffpolicyprivityThe determination whether in a specific case the defendant will be held liable to a third person not in privity is a matter of policy and involves the balancing of various factors, among which are the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the closeness of the connection http://law-case.blogspot.com/2008/11/liability-to-third-parties-not-in.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-8383537330173535635Wed, 12 Nov 2008 04:33:00 +00002008-11-11T20:45:22.806-08:00case lawchildren. contractsestatelawparol evidencespecific performancestatute of fraudsAppellant, Robert Carlton Hurd, instituted this action by complaint for specific performance of an oral contract allegedly entered into between his mother and the decedent, E. Arthur Ball. The appellees consist of the widow, the legitimate children of decedent and the spouses of those that are married, and the executors of and trustees under the last will and testament of decedent. The third http://law-case.blogspot.com/2008/11/hurd-v-ball.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-3472923827131929666Tue, 11 Nov 2008 04:41:00 +00002008-11-10T21:31:31.386-08:00Apolonia Kulick and Alex Kulickcase lawcontractsdebtlaworal contractsparolstatute of fraudsvacationBorchardt v. Kulick, 234 Minn. 308, 48 N.W.2d 318 (Minn. 1951). 1. Instructions unobjected to become the law of the case and, for the purposes of an appeal, must be taken as the law of the case, unless the record shows conclusively that the party recovering is not entitled to recover under any view of the law. 2. A contract for one year's services, commencing on the date of the contract, http://law-case.blogspot.com/2008/11/borchardt-v-kulick.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-3602378137711959465Mon, 10 Nov 2008 07:19:00 +00002008-11-09T23:48:44.730-08:00case lawcharitable subscriptioncharitychristianitychurchcondition precedentcontractslawpromissory estoppelreligiontaxestestamentary capacitytrusts and estateswills1. Subscriptions. — Charitable subscriptions are enforceable where there is a valuable consideration for them, or where facts warrant application of doctrine of promissory estoppel. 2. Subscriptions. — The doctrine of "promissory estoppel" applies so as to render charitable subscription enforceable where there is an agreement by individuals to subscribe funds for accomplishment of an enterprisehttp://law-case.blogspot.com/2008/11/lake-bluff-orphanage-v-magills-exrs.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-324297886490050775Wed, 05 Nov 2008 16:42:00 +00002008-11-05T08:57:54.177-08:00businessCircuit Court of the City of St. LouiscorporationgovernmentKentuckylawMissouripersonalpersonal jurisdictionPrentice-Hall Corporation ServiceuniversityWooster v. Trimont Mfg. Co., 203 S.W.2d 411 (Mo. 1947). (1) The continuous course of interstate business over a period of 25 years and the admitted acts of defendant in Missouri were sufficient to show presence of defendant corporation in the State of Missouri so as to make it amenable to suit in the courts of Missouri on an obligation arising out of the business transacted in Missouri. See http://law-case.blogspot.com/2008/11/wooster-v-trimont-mfg-co.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-1079983199795812651Fri, 31 Oct 2008 02:18:00 +00002008-10-30T19:24:18.895-07:00courtcreditdefendantjudgmentplaintiffsreal estatereal estate ran throughtrusteeThe last controverted item is the interest charged against this trustee. In the settlement of a trustee's account in a court of equity he is or is not charged with interest according to the circumstances. There is no statute or arbitrary rule on the subject. When a court of equity charges the trustee with interest, it is when, and only when, the circumstances of the case render it right and just http://law-case.blogspot.com/2008/10/as-plaintiffs-share-in-proceeds.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-6272600433463477244Fri, 31 Oct 2008 02:10:00 +00002008-10-30T19:17:07.933-07:00contractcourtdeathdefendantmaterial benefittrialtrusteeThe evidence shows that November 16, 1880, the defendant, at the request of Mrs. Albert, paid $1,000 for the purchase of a judgment against her husband, which transaction resulted in material benefit to her and her family. The ground on which the respondents resist the allowance of this item is that the interest of Mrs. Albert vested in her at the death of her father in November, 1861, when she http://law-case.blogspot.com/2008/10/albert-v-sanford.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-6363796201379909711Thu, 30 Oct 2008 03:23:00 +00002008-10-29T20:56:48.155-07:00casecurrencyelectionexpensesguilthumanprecinctIn the first place the amount given to be used at a particular precinct, was greater than was ordinarily necessary to defray legitimate expenses, and a potent fact, which may not be overlooked, is the denominations of the currency furnished by appellant to his workers, to some of whom he delivered as much as, or more than, $15. It consisted almost entirely of one dollar bills, which as we have http://law-case.blogspot.com/2008/10/sw-conclusion-in-those-cases-2.htmlnoreply@blogger.com (Case Law)tag:blogger.com,1999:blog-7480123344700782018.post-6702919814458650073Thu, 30 Oct 2008 01:44:00 +00002008-10-29T20:45:22.982-07:00candidatecaseCorrupt-Practices-Actelectionfiled-two-contest-proceedingsrepublicansvotesSmith v. Ward, 280 Ky. 173 (Ky. 1939). This appeal involves the outcome of the last primary election, insofar as was concerned the nomination of a Republican candidate for circuit judge in the thirty-third judicial district, composed of Perry and Leslie counties. There were five candidates, appellant and appellee; C.W. Napier, J. Asher and C.A. Noble. Upon returns, appellant received the http://law-case.blogspot.com/2008/10/smith-v-ward-part-1.htmlnoreply@blogger.com (Case Law)