16 Mo. 294 | Mo. | 1852
delivered the opinion of the court.
In this case, the plaintiff, Beed, asked no instructions, and all asked by the defendant, Hoyt, except two, were given by the Circuit Court. The two refused were, first, that there is no evidence upon which the jury can rightfully find for the plaintiff on the amended count; second, that there is no evidence that the defendant, Hoyt, assented to the transfer of any of the liabilities of A. W. Sterling & Eckley, or either of them, to the firm of which the defendant became a member.
Although the deposits, made by plaintiff, were made when Eckley was a partner of Sterling, yet, when he went out of the concern, in December, or the first of January, the business , of the concern remaining unchanged by his leaving it, the money of the .plaintiff, -thus deposited, continuing in the busi
This court has allowed a. remittitur to be entered here, to avoid a reversal of the judgment below, where it has appeared that the recovery has been for more than the plaintiff claimed by way of damages in his declaration. Johnson v. Robertson, 1 Mo. Rep. 615.
The judgment, with the concurrence of the other judges, is affirmed.