Kemper, Hundley & McDonald Dry Goods Co. v. Kidder Savings Bank
Missouri Court of Appeals
Appeal from the Caldwell Circuit Court. — Hon. B. J. Broaddus, Judge. (1) The finding and verdict of the trial court, sitting as a jury, is against the undisputed evidence. Where there is no conflict in the testimony, it is the duty of the appellate court to review the action of the trial court thereon and decide whether its judgment is warranted by such facts. Bruen v. Kansas City, etc., Ass’n, 40 Mo. App. 425; Knapp, Stout & Co. v. Standley, 45 Mo.
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Appeal from the Caldwell Circuit Court. — Hon. B. J. Broaddus, Judge. (1) The finding and verdict of the trial court, sitting as a jury, is against the undisputed evidence. Where there is no conflict in the testimony, it is the duty of the appellate court to review the action of the trial court thereon and decide whether its judgment is warranted by such facts. Bruen v. Kansas City, etc., Ass’n, 40 Mo. App. 425; Knapp, Stout & Co. v. Standley, 45 Mo. App. 264-268; Henry v. Bell, 75 Mo. 194. And this is true even if the declarations of law given are correct. Moore v. Hutchinson, 69 Mo. 429.…
1Opinion of the CourtSmith, P. J.
When this cause was here by appeal on another occasion — 72 Mo. App. 226 — the judgment of the circuit court, which was for the defendant, was reversed for the error of that court in refusing an instruction requested by plaintiff. Since then there has been another trial before the court, without the aid of a jury, in which the defendant again prevailed; and the plaintiff has again appealed.
The record brought before us by the present appeal discloses that the facts which the evidence tends to prove are not materially different from those presented by the record in the former. The instruction…
2Cases cited12 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- State Bank v. FrameSupreme Court of Missouri · 1892
- Straus v. RothanSupreme Court of Missouri · 1890
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
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