Cape Girardeau & State Line Railroad v. Kimmel
Supreme Court of Missouri
Appeal from Gape Girardeau Court of Common Pleas. I. At the close of plaintiff’s evidence in chief, there having been no evidence offered tending to show “ a final settlement on the 5th day of July, 1872,” and a balance due from de-, fendant of $298.42, or a less amount, the defendant’s motion to dismiss should have been sustained, because there was an utter failure of proof. (Clark vs. Han. & St. Jo. R. R. Co., 36 Mo., 202; Smith vs. Han. & St. Jo.
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Appeal from Gape Girardeau Court of Common Pleas. I. At the close of plaintiff’s evidence in chief, there having been no evidence offered tending to show “ a final settlement on the 5th day of July, 1872,” and a balance due from de-, fendant of $298.42, or a less amount, the defendant’s motion to dismiss should have been sustained, because there was an utter failure of proof. (Clark vs. Han. & St. Jo. R. R. Co., 36 Mo., 202; Smith vs. Han. & St. Jo. R. R. Co., 37 Mo., 287; Boland vs. Mo. R. R. Co., 36 Id., 484; Jaccard vs. Anderson, 37 Id., 91.) II. The introduction of the minute book of the…
1Opinion of the CourtLewis, Judge
The cause of action is stated in the petition as follows : “ That the defendant was the treasurer of plaintiff, acted and served as such from the 20th day of January, 1872, to the 5th day of July, 1872, and that he, as treasurer of plaintiff, on final settlement, on, to-wit, the said 5th day of July, 1872, was indebted to plaintiff in the sum of $298.42 balance on his settlement as treasurer of plaintiff; that the said balance due as aforesaid was demanded in writing; that the said defendant, although requested to pay said amount, has failed, refused and neglected and still fails, neglects…
2Cited by15 opinions
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- Kent v. HighleymanMissouri Court of Appeals · 1885
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