American Bridge Co. v. Murphy
Supreme Court of Kansas
Error from Leavenworth, District Court. Action by Murphy to recover a balance alleged to be due him on a written contract for the boarding of persons in the employ of the Bridge Company. The answer set up an accounting, and payment of balance found due on such accounting. The evidence for the plaintiff was the oral testimony of the plaintiff and Preston Kuhn. The evidence for the defendant was the receipt of Mwrphy, and the oral evidence of Helm, Thorn and Gates.
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Error from Leavenworth, District Court. Action by Murphy to recover a balance alleged to be due him on a written contract for the boarding of persons in the employ of the Bridge Company. The answer set up an accounting, and payment of balance found due on such accounting. The evidence for the plaintiff was the oral testimony of the plaintiff and Preston Kuhn. The evidence for the defendant was the receipt of Mwrphy, and the oral evidence of Helm, Thorn and Gates. Murphy’s receipt is as follows: “Leavenworth, April 24th, 1872. “Received of G. Gates, agent for the American Bridge Company,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
Where the verdict of a jury has been rendered upon oral testimony, and the testimony tending to support the verdict would be sufficient therefor if it were not contradicted by other testimony, and the district court has approved the verdict by refusing to set it aside and to grant a new trial, this court will not reverse the judgment of the district court and order a new trial to be granted where the only ground therefor is"that the verdict is not sustained by sufficient evidence. This principle has already been decided in Luke v.…
Also in this document: Concurrence.
2Cases cited9 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- St. Joseph & Denver City Railroad v. ChaseSupreme Court of Kansas · 1873
- Luke v. JohnnycakeSupreme Court of Kansas · 1872
- Kansas Pacific Rly. Co. v. MontelleSupreme Court of Kansas · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
- Neely v. ThompsonSupreme Court of Kansas · 1904
- Sigler v. SiglerSupreme Court of Kansas · 1916
- Peoples Exchange Bank v. MillerSupreme Court of Kansas · 1934
13 more not listed; retrieve them via the Exa API.