Girdner v. Gibbons
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. Plaintiffs made out a prima facie case, and the giving of the demurrer to the evidence was error. In this case the assignment of the note was proved; the note was admitted in evidence without objection; this makes a prima facie case, and the giving of the demurrer was improper.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. Plaintiffs made out a prima facie case, and the giving of the demurrer to the evidence was error. In this case the assignment of the note was proved; the note was admitted in evidence without objection; this makes a prima facie case, and the giving of the demurrer was improper. “Where there is any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive. judges of its weight and sufficiency; in such cases demurrers are improper.” Taylor v. Short, 38 Mo. App. 21;…
1Opinion of the CourtSmith, P. J.
— This is an action which was brought by plaintiff against the defendants on a promissory note executed by the defendants to one Erancis and by him indorsed to the plaintiff. The defendants pleaded the defense of non est factum. The note sued on was as follows:
“$230.00 Chillicothe, Mo., Sept. 28, 1895.
“Ten months after date we promise to pay to Charles IT. Erancis or order two hundred and thirty dollars, for value received with eight per cent interest per annum thereon from date.
“Due — Witnessed by “Mes. IeeNe GibboNS,
bis
“No — R. Barney, Jr. “Washington J. (x) Gibbons,
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* Reuben Barney, Jr.,
2Cases cited4 opinions
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Burnett v. McClueySupreme Court of Missouri · 1883
3Cited by2 opinions
- Cook v. ParksCourt of Appeals of Georgia · 1933
- A. A. Cooper Wagon & Buggy Co. v. WooldridgeMissouri Court of Appeals · 1903