Stewart v. Sparkman
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The trial court committed no error in. giving the instructions. They cover the whole case, and correctly declare the law, as laid down by this court when the case was here the first time. Stewart v. Sparkman, 69 Mo.
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Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The trial court committed no error in. giving the instructions. They cover the whole case, and correctly declare the law, as laid down by this court when the case was here the first time. Stewart v. Sparkman, 69 Mo. App. 456. An instruction which singles out a portion of the evidence and directs a verdict upon it, ignoring pertinent facts, is, of course, erroneous; and that is the vice at which the cases cited by appellant are directed. It is, however, perfectly proper to declare the legal effect of documentary evidence, or…
1Opinion of the Court
Bond, J. —
no“SconsideraThis action is upon a note for $496.69. Defendant pleaded a failure of consideration, in that the note was given for the amount of dividends which .plaintiff falsely misrepresented to be due on certain bank stock which he traded to defendant in exchange for a farm in Greene county, Missouri. The ease was here on a former appeal (69 Mo. App. 456). Upon its remand under decision then made, there was a judgment for defendant, from which plaintiff appealed.
The evidence adduced on the present and former trials were substantially similar. As the case was remanded on the…
2Cases cited1 opinion
- Stewart v. SparkmanMissouri Court of Appeals · 1897
3Cited by2 opinions
- Creelman Lumber Co. v. DeLisleMissouri Court of Appeals · 1904
- Tatlow v. CrawfordMissouri Court of Appeals · 1915