Hartley v. Hartley
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) This being a suit in equity this court will review the entire evidence and determine the cause on the weight of the evidence. Thomas v. Railroad, 49 Mo. App. 110; Bush v. Arnold, 50 Mo. App. 8; Berne v. SchnecJco, 100 Mo. 250. (2) We insist that under the evidence in the case the verdict should be for plaintiff.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) This being a suit in equity this court will review the entire evidence and determine the cause on the weight of the evidence. Thomas v. Railroad, 49 Mo. App. 110; Bush v. Arnold, 50 Mo. App. 8; Berne v. SchnecJco, 100 Mo. 250. (2) We insist that under the evidence in the case the verdict should be for plaintiff. All the evidence is before the court and on a careful consideration of it we can see no other conclusion than that defendant be required to pay plaintiff at least the amount of the due bill, $750, and the value of one…
1Opinion of the CourtBukgess, J.
This is an equitable proceeding by the father against his son instituted in the circuit court of Audrain county for an accounting and judgment for whatever sum may be found due plaintiff as the result. The trial resulted in a judgment, for defendant, and plaintiff appealed.
Plaintiff alleges in his petition thát defendant converted to his own use moneys and notes belonging to plaintiff amounting to $3,781.65, and that in 1892 he gave to plaintiff a due bill for $750, for a portion of said indebtedness, which defendant thereafter took possession of to keep for him upon the promise that he,…
2Cases cited8 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Erskine v. LoewensteinSupreme Court of Missouri · 1884
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Sharpe v. McPikeSupreme Court of Missouri · 1876
- Hodges v. BlackSupreme Court of Missouri · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Sharp v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Schuman v. SchumanMissouri Court of Appeals · 1902
- Jack Harvard Zinc & Mining Co. v. Continental Zinc & Lead Mining & Smelting Co.Missouri Court of Appeals · 1904
- Roberts v. StoneMissouri Court of Appeals · 1903