Borchers v. Barckers
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) Appellant’s instruction No. 3 which was in the nature of a demurrer to the evidence should have been given, because (1) there was no substantial evidence of any undue influence, and (2) there was no substantial evidence of want of mental capacity, (a) There Avas no substantial evidence of “undue influence” as defined by Gay v. Gillilan, 92 Mo. 261; Studebaker v. Cofield, 159 Mo. 614; McKissock v.…
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) Appellant’s instruction No. 3 which was in the nature of a demurrer to the evidence should have been given, because (1) there was no substantial evidence of any undue influence, and (2) there was no substantial evidence of want of mental capacity, (a) There Avas no substantial evidence of “undue influence” as defined by Gay v. Gillilan, 92 Mo. 261; Studebaker v. Cofield, 159 Mo. 614; McKissock v. Groom, 148 Mo. 467; Jones v. Roberts, 37 Mo. App. 180; Richardson v. Smart, 65 M'o. App. 20; Orowson v. Crowson, 172 Mo.…
1Opinion of the CourtGoode, J.
(after stating the facts). — The assignment of the insurance policy to defendant is attacked in plaintiff’s petition on three grounds, lack of consent of the .insurance company, want of mental capacity in the deceased to execute any document at the time this one was executed, and procurement of the assignment through undue influence exercised over the mind of the deceased by defendant. Only the last of the three grounds was submitted to the jury in the instructions, as one on which, if the evidence supported it, they might return a verdict in favor of plaintiff. It will be perceived the main…
Also in this document: Concurrence.
2Cases cited9 opinions
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
- Sehr v. LindemannSupreme Court of Missouri · 1899
- Riley v. SherwoodSupreme Court of Missouri · 1898
- State ex rel. Kinsey v. MesserlySupreme Court of Missouri · 1906
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3Cited by5 opinions
- Borchers v. BarckersMissouri Court of Appeals · 1911
- Lindsay v. HotchkissMissouri Court of Appeals · 1917
- Bentrup v. Johnson and Lehmann.Missouri Court of Appeals · 1929
- Webb v. HeddlesonSupreme Court of Missouri · 1959
- Shelton v. TriggCourt of Appeals of Texas · 1920