St. Louis Trust Co. v. Rudolph
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. (1) “The law does not presume, from the simple fact of one man’s handing over money to another, that the transaction is prima facie a loan.” Gerding v. Walter, 29 Mo. 426; Coxv. Bennett, 18 W. N. C. 519; Carey v. Gerrish, 4 Esp. 9. (2) The plaintiff can not recover on mere conjectures; there must be either direct proof or facts shown from which legitimate and logical inferences may be drawn. Breen v. St. L. Cooperage Co., 50 Mo.
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Appeal from the St. Louis City Circuit Court. (1) “The law does not presume, from the simple fact of one man’s handing over money to another, that the transaction is prima facie a loan.” Gerding v. Walter, 29 Mo. 426; Coxv. Bennett, 18 W. N. C. 519; Carey v. Gerrish, 4 Esp. 9. (2) The plaintiff can not recover on mere conjectures; there must be either direct proof or facts shown from which legitimate and logical inferences may be drawn. Breen v. St. L. Cooperage Co., 50 Mo. App. 202; Searles v. Railroad, 101 N. Y. 661; Bobbins v. Brown, 119 N. Y. 188; Smith v. Bailroad, 37 Mo. 292. (3) First.…
1Opinion of the CourtMaoearlane, J.
The administrator with the will annexed of Wiley Rudolph sues Charles M. Rudolph, a son of deceased, for money loaned during the life of the former. The petition was in eleven counts. The tenth and eleventh counts were dismissed; on six of the remaining counts there were verdicts and judgments *172for defendant. The ninth count was on a duebill given by defendant to deceased. On this count there was a judgment for plaintiff of which! no complaint is made on this appeal. The third count of the petition charges that “on the twenty-first day of August, 1889, said Wiley Budolph lent said defendant…
2Cases cited3 opinions
- Gunn v. ThrustonSupreme Court of Missouri · 1895
- Turpin v. TurpinSupreme Court of Missouri · 1885
- Gerding v. WalterSupreme Court of Missouri · 1860
3Cited by3 opinions
- Blue Cross Health Services, Inc. v. SauerMissouri Court of Appeals · 1990
- Gibson Ex Rel. Doerner v. JohnsonSupreme Court of Missouri · 1932
- McDonald v. McDonaldMissouri Court of Appeals · 1900