Moore v. McHaney
Missouri Court of Appeals
Appeal from- Dunklin Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) The verdict of the jury, in this case is against the' evidence, the weight of the evidence and is for the wrong party, and the cause ought to be reversed. There-was no evidence to go to the jury. State ex rel., Savings Trust Co.' v. Hallen, 165- Mo.
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Appeal from- Dunklin Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) The verdict of the jury, in this case is against the' evidence, the weight of the evidence and is for the wrong party, and the cause ought to be reversed. There-was no evidence to go to the jury. State ex rel., Savings Trust Co.' v. Hallen, 165- Mo. App. 422; Dutcher v. Railroad, 241 Mo. 137. (2) The court erred in overruling defendant’s demurrer to plaintiff’s petition, filed in the justice’s court, and permitting plaintiff to amend his petition, so as to set up- a cause of action if •any, which appellant denies, when no…
1Opinion of the CourtAllen, J.
This is an action begun before a justice of the peace to recover from defendant the amount remaining unpaid on a certain note executed by one Hodge to plaintiff. It is averred that defendant, for a valuable consideration, “and for the purpose of extending the time of payment of said note, ’ ’ contracted to pay the unpaid balance due upon the note, and paid fifty dollars on account thereof, leaving a balance of $129.30 due and unpaid thereupon; and judgment is prayed for said sum with costs. Plaintiff prevailed before the justice of the peace, and upon defendant’s appeal to the circuit court…
2Cases cited25 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Nelson v. BrownSupreme Court of Missouri · 1897
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
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3Cited by12 opinions
- Diehr v. Carey and Fid. Cas. Co. of N.Y.Missouri Court of Appeals · 1945
- Carvitto v. RyleMissouri Court of Appeals · 1973
- Piehler Ex Rel. Schultz v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
- Burk v. WaltonSupreme Court of Missouri · 1935
- BACKERS-BEHRENS-GIST LUMBER COMPANY v. AdamsMissouri Court of Appeals · 1958
7 more not listed; retrieve them via the Exa API.