Legal Opinion

Third National Bank v. Cramer

Missouri Court of Appeals

Decided February 6, 1899PublishedCited by 2 opinions

Appeal from the Pettis Circuit Court. — ILon. G-. E. Longan, Judge. (1) If there are any inferences wbicb can be drawn from the facts proven, or where there is some evidence, however slight, tending to establish the facts necessary to a recovery, the evidence should be submitted to the jury. Higgins v. Railway, 43 Mo. App. 547; Bender v. Railroad, 137 Mo. 240; Chamberlin v. Smith’s Adm’r, 1 Mo. 482; Speed v. Herrin, 4 Mo. 356; Robbins v. Ins.

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Appeal from the Pettis Circuit Court. — ILon. G-. E. Longan, Judge. (1) If there are any inferences wbicb can be drawn from the facts proven, or where there is some evidence, however slight, tending to establish the facts necessary to a recovery, the evidence should be submitted to the jury. Higgins v. Railway, 43 Mo. App. 547; Bender v. Railroad, 137 Mo. 240; Chamberlin v. Smith’s Adm’r, 1 Mo. 482; Speed v. Herrin, 4 Mo. 356; Robbins v. Ins. Co., 12 Mo. 380; Winston v. Wales, 13 Mo. 569 ; McKown v. Craig, 39 Mo. 156; Singleton v. Railway, 41 Mo. 465; Deere v. Plant, 42 Mo. 60. (2) The fact…

1Opinion of the CourtGill, J.

This-is an appeal from a judgment dissolving an attachment. Plaintiff’s affidavit upon which the attachment writ was issued, set out three grounds, the first and second charging that defendant had, or was about to convey or assign his property so as to hinder and delay his creditors, and the third “that the debt sued for was fraudulently contracted on the' part of the debtor.” Defendant filed a plea in abatement, putting in issue the allegations of the affidavit, and upon a trial thereof, and at the close of plaintiff’s evidence, the court gave a peremptory instruction to find for defendant.…

2Cases cited10 opinions

  1. First Nat. Bank v. SwanWyoming Supreme Court · 1890
  2. Mayer v. ZingreNebraska Supreme Court · 1885
  3. Robinson v. DrydenSupreme Court of Missouri · 1893
  4. C. D. Smith Drug Co. v. Casper Drug Co.Wyoming Supreme Court · 1895
  5. Estlow v. HannaMichigan Supreme Court · 1889

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3Cited by2 opinions

  1. National Bank of Commerce of Kansas City, Mo. v. RockefellerCourt of Appeals for the Eighth Circuit · 1909
  2. Harrison & Calhoon v. South Carthage Mining Co.Missouri Court of Appeals · 1904

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