Blacker, Gerstle & Co. v. Ryan
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hok. A. M. Woodson, Judge. (1) Under the evidence introduced by plaintiff, the case should have been submitted to the jury. The rule is well settled that if there is any evidence tending to prove the issues, the case must go to the jury.
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Appeal from the Buchanan Circuit Court. — Hok. A. M. Woodson, Judge. (1) Under the evidence introduced by plaintiff, the case should have been submitted to the jury. The rule is well settled that if there is any evidence tending to prove the issues, the case must go to the jury. Qroll v. Tower, 85 Mo. 249; Moody v. Beutsch, 85 Mo. 237; Baum v. Trynear, 85 Mo. 151. (2) It is the duty of the trial court in passing upon a demurrer to the evidence, to make every inference of fact in favor of the party offering the evidence which the evidence warrants, and which the jury with any degree of…
1Opinion of the CourtG-ill, J.
This is a suit in replevin for the recovery of about $1,100 worth of boots and shoes which the plaintiffs, as wholesale dealers at Cincinnati, Ohio, sold to John C. Ryan, Jr., a retail dealer in St. Joseph, Missouri. Plaintiffs assert a right to rescind the sale and reclaim the goods because of an alleged fraudulent purchase by John C. Ryan, Jr.; while the defendant, W. H. Ryan, claims under a deed of trust made to him October 6, 1893, by said John C. Ryan, Jr., to secure a note of about $9,400 which said John C. Ryan, Jr., had given his father, J. C. Ryan, Sr., together with two notes of…
2Cases cited1 opinion
- Crow v. BeardsleySupreme Court of Missouri · 1878
3Cited by2 opinions
- Draper v. AronowitzMissouri Court of Appeals · 1985
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1898