Legal Opinion

Van Raalte v. Epstein

Supreme Court of Missouri

Decided March 5, 1907PublishedCited by 17 opinions

Transferred from St. Louis Court of Appeals. (1) If there is no substantial evidence of any fact which is essential to plaintiff’s right to recover, a judgment in his favor must be reversed.

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Transferred from St. Louis Court of Appeals. (1) If there is no substantial evidence of any fact which is essential to plaintiff’s right to recover, a judgment in his favor must be reversed. Hewitt v. Steele, 136 Mo. 335; Long v. Moon, 107 Mo-. 339; Moore v. Hutchinson, 69 Mo. 430; G-roll v. Tower, 85 Mo. 253; Bartley v. Railroad, 148 Mo. 141. (2) Mere conjectures, speculations, surmises or suspicions do- not constitute a legal basis for a finding of facts or the verdict of a jury. Peck v. Railroad, 31 Mo. App. 126;- Glick v. Railroad, 57 Mo. App. 104; Erhart v. Dietrick, 118 Mo. 427. (3)…

1Opinion of the CourtGantt, J.

This is an action to recover $1,350, on the ground of an alleged fraud. It was brought to *180the February term, 1900, of the circuit court of the city of St. Louis. At the February term, 1901, the cause was tried before the court and a jury, and resulted in a verdict for the plaintiff for $1,350. After unsuccessfully moving for1 a new trial and in arrest, the defendant appealed to the St. Louis Court of Appeals, and that court at the October term, 1902, affirmed the judgment. A rehearing was granted and the cause reargued in that court and on April. 14, 1903, the Court of Appeals again affirmed…

2Cases cited8 opinions

  1. Huston v. TylerSupreme Court of Missouri · 1897
  2. McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  3. Marshall v. FergusonMissouri Court of Appeals · 1902
  4. Palmer v. PirsonThe Superior Court of the City of New York and Buffalo · 1893
  5. Boardman v. FlorezSupreme Court of Missouri · 1866

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Swon v. HuddlestonSupreme Court of Missouri · 1955
  2. McKeehan v. WittelsMissouri Court of Appeals · 1974
  3. Sunset Acres Motel, Inc. v. JacobsSupreme Court of Missouri · 1960
  4. Utlaut v. Glick Real Estate Co.Supreme Court of Missouri · 1952
  5. Groh v. SheltonMissouri Court of Appeals · 1968

12 more not listed; retrieve them via the Exa API.

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