Gate City National Bank v. Boyer
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) The verdict in this case was grossly against the evidence. There was no. creditable evidence to support it. The court should have granted a new trial on that ground. The discretion of the trial court is not absolute. This court will interfere with such discretion if it appears to have been unwisely exercised.
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Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) The verdict in this case was grossly against the evidence. There was no. creditable evidence to support it. The court should have granted a new trial on that ground. The discretion of the trial court is not absolute. This court will interfere with such discretion if it appears to have been unwisely exercised. Gould v. St. John, 207 Mo. 631. (2) The court erred by refusing to give instruction “G” offered by plaintiff. By so doing it denied plaintiff the right to its legal presumption that the father was the owner of the note;…
1Opinion of the CourtNixon, P. J.
This is an action commenced in the circuit court of Lawrence county by the Gate City National Bank against J. H. Boyer upon a certain promissory note executed by J. H. Boyer on January 15, 1908, to the Miners and Merchants Bank of Aurora in the sum of $4,306.58. The note was subsequently discounted by the plaintiff, and Boyer having left the state, the plaintiff, in October, 1910, sued out a writ of attachment on the ground that J. H. Boyer was .a non-resident of the state and under this writ seized in the hands of the Bank of Aurora two promissory notes and the deed of trust securing them as…
2Cases cited7 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
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- Citizens Trust Co. v. EldersMissouri Court of Appeals · 1923
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