Legal Opinion

Marshall v. Ferguson

Missouri Court of Appeals

Decided April 28, 1903PublishedCited by 1 opinion

Appeal from Butler Circuit Court. — Row. James L. Fort/ Judge. (1) The court erred in giving improper and incorrect instructions to the jury at the instance of plaintiff, and in'refusing to give correct and proper instructions to the jury at the request of defendant. The court erred in rejecting competent, legal and relevant testimony offered by the defendant. The court erred in receiving incompetent, illegal and irrelevant testimony offered by plaintiff.

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Appeal from Butler Circuit Court. — Row. James L. Fort/ Judge. (1) The court erred in giving improper and incorrect instructions to the jury at the instance of plaintiff, and in'refusing to give correct and proper instructions to the jury at the request of defendant. The court erred in rejecting competent, legal and relevant testimony offered by the defendant. The court erred in receiving incompetent, illegal and irrelevant testimony offered by plaintiff. (2) We submit, that the instruction given at the request of plaintiff, which told the jury, that: “If you find from the evidence that…

1Opinion of the CourtBland, P. J.

The conceded facts in this case are, that M. L. Freeman and wife, on or about May 7, 1896, owned an eighty-acre tract 'of land in Butler county, Missouri, known as the fair grounds, upon which the Sedalia Trust Company had a deed of trust to secure a promissory note past due, the principal and interest aggregating at that time $213.45; that they were being pressed for payment; that plaintiff put $213.45 in defendant’s hands which defendant agreed to loan M. L. Freeman and wife for the purpose of paying off the Sedalia Trust Company’s loan; that defendant, to secure' the $213.45, agreed to…

2Cases cited2 opinions

  1. Marshall v. FergusonMissouri Court of Appeals · 1902
  2. Marshall v. FergusonMissouri Court of Appeals · 1899

3Cited by1 opinion

  1. Knost v. Van HooseMissouri Court of Appeals · 1914

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