Reichenbach v. Ellerbe
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court should have given a peremptory instruction to the jury to find for the defendant upon the second count. A verdict should hot be allowed to stand where, to reach the same, the jury must have disregarded the clear, consistent evidence of a competent and unimpeached witness, uncontradicted by any evidence in the case. Lionberger v. Pohlman, 16 Mo. App. 392; Borgraefe v. Knights of Honor, 22 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court should have given a peremptory instruction to the jury to find for the defendant upon the second count. A verdict should hot be allowed to stand where, to reach the same, the jury must have disregarded the clear, consistent evidence of a competent and unimpeached witness, uncontradicted by any evidence in the case. Lionberger v. Pohlman, 16 Mo. App. 392; Borgraefe v. Knights of Honor, 22 Mo. App. 127; Henderson v. Railroad, 36 Mo. App. 109; Spohn v. Railroad, 87 Mo. 74; Roseerans v. Railroad, 83 Mo. 678;…
1Opinion of the CourtBrace, J.
This is an appeal from a judgment of the. circuit court of St. Louis for $2,000 and interest, in favor of the plaintiff against the United Masonic Benefit Association of Missouri, successor of the Masonic Mutual Benefit Society of Missouri, on a certificate of membership, number 2499, issued by said society on the second day of January, 1883, to William Reiehenbach, the deceased husband of the plaintiff, for her benefit, by the terms of which, under the by-laws ■of the association, she was to become entitled to that amount upon the death of her said husband. “Upon condition, however, that if…
2Cases cited11 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Long v. MoonSupreme Court of Missouri · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- May v. CrawfordSupreme Court of Missouri · 1899
- St. Louis Union Trust Co. v. HillSupreme Court of Missouri · 1920
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
16 more not listed; retrieve them via the Exa API.