Herndon v. Lewis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) Where a motion for new trial is granted'on the ground that the verdict is against the weight of the evidence, such action will not he sustained where it plainly appears that injustice has been done or the discretion of the trial court has been unsoundly or arbitrarily exercised.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) Where a motion for new trial is granted'on the ground that the verdict is against the weight of the evidence, such action will not he sustained where it plainly appears that injustice has been done or the discretion of the trial court has been unsoundly or arbitrarily exercised. Parker v. Cassingham, 130 Mo. 348; Bank v. Wood, 124 Mo. 76; Van Liew v. Barrett Co., 144 Mo. 509; Taylor v. Railroad, 163 Mo. 183. (2) One-who places his hame upon the back • of a promissory note, not being a payee therein, before its delivery…
1Opinion of the Court
MABSHALL, J. J.
— This is an appeal by the plaintiff from an order entered by the circuit court, granting *119the defendant a new trial upon the ground that the verdict was against the weight of the evidence.
The action is upon a promissory note, dated June 15, 1885, for $8,950, payable at one year, to the order of the plaintiff, and made by B. AY. Lewis. The name of the defendant, Turner T. Lewis, was written on the back thereof before its delivery to the payee. The answer is a general denial, with special defenses: first, that it was agreed between plaintiff and defendant at the time the note was…
2Cases cited1 opinion
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
3Cited by13 opinions
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- State ex rel. Iba v. EllisonSupreme Court of Missouri · 1914
- Ottomeyer v. PritchettSupreme Court of Missouri · 1903
- Karnes v. WinnMissouri Court of Appeals · 1907
- Brinton v. ThomasMissouri Court of Appeals · 1909
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