Penter v. Roberts
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John 'A. Hockaday, Judge. (1) This court will not permit a verdict and judgment to stand where there is no evidence to sustain it, and certainly there was none to warrant the verdict of the jury on the set-off claimed by appellant. Krider v. Milner, 99 Mo. 143, and cases cited in appellant’s brief; Avery v. Fitzgerald, 94 Mo. 207; Warren <& Son v. Maloney, 39 Mo.
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Appeal from the Boone Circuit Court. — Hon. John 'A. Hockaday, Judge. (1) This court will not permit a verdict and judgment to stand where there is no evidence to sustain it, and certainly there was none to warrant the verdict of the jury on the set-off claimed by appellant. Krider v. Milner, 99 Mo. 143, and cases cited in appellant’s brief; Avery v. Fitzgerald, 94 Mo. 207; Warren <& Son v. Maloney, 39 Mo. App. 297. This court will not permit a verdict and judgment to stand where the evidence is conflicting and the trial court misdirects the jury. Boyer v. Fleming, 58 Mo. 438; Clark v.…
1Opinion of the CourtGill, J.
Plaintiff prosecutes this action as administrator of the estate of John S. Roberts, deceased. There were originally three counts in the petition, but as the court sustained a demurrer to the third count, and plaintiff thereupon abandoned the same, we shall notice it no further. The first count declared on a promissory note for $1,000 executed by defendant, James Roberts, and payable to his father, John S. Roberts; and by the second count plaintiff sought to recover of said defendant the sum of $571.15, as the aggregate amount collected on what was described in the evidence as the “Hiram Smith…
2Cited by14 opinions
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Strother v. De WittMissouri Court of Appeals · 1903
- Moore v. RenickMissouri Court of Appeals · 1902
- Lawrence v. BaileyMissouri Court of Appeals · 1900
- Crowley v. DagleyMissouri Court of Appeals · 1913
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