Carder v. Primm
Missouri Court of Appeals
Appeal from the Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The admission of Carder, deceased, was evidence of the fact in issue. However weak it may have been, it was for the jury to decide upon its weight and sufficiency, and not the court. The instruction of the court usurped the province and duty of the jury. The evidence was sufficient to authorize a verdict and judgment for plaintiff. The case should have gone to the jury.
Read the full summary
Appeal from the Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The admission of Carder, deceased, was evidence of the fact in issue. However weak it may have been, it was for the jury to decide upon its weight and sufficiency, and not the court. The instruction of the court usurped the province and duty of the jury. The evidence was sufficient to authorize a verdict and judgment for plaintiff. The case should have gone to the jury. Such an instruction can be given only when there is no evidence. Bobbins v. Ins. Co., 12 Mo. 380; Turner v. Loler, 34 Mo. 461; Routsong v. Railroad, 45 Mo. 236.…
1Opinion of the CourtThompson, J.
The plaintiff preferred in the probate court of Knox county a claim against the estate of Francis M. Carder, deceased, in the following language, and fortified by the statutory affidavit:
“James L. Primm, administrator, with the will annexed, of the estate of Francis M. Carder, deceased, in account with Oliver Carder, debtor.
“For money collected by deceased about the year A. D. 1886, for (and held in trust for the use and benefit of ) said Oliver Carder, seven hundred and fifty dollars ($750 ). Interest at ten (10) per cent, on same at compound per annum, three and one-half years, $161. Nine,…
2Cases cited7 opinions
- Cargile v. WoodSupreme Court of Missouri · 1876
- Graham v. AndersonIllinois Supreme Court · 1867
- Scharff v. KleinMissouri Court of Appeals · 1887
- Stiles v. SmithSupreme Court of Missouri · 1874
- Wiggins v. Adm'r of LoveringSupreme Court of Missouri · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Missouri Power & Light Co. v. City of BucklinSupreme Court of Missouri · 1942
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Carder v. PrimmMissouri Court of Appeals · 1892
- Puhr v. Grand Lodge German OrderMissouri Court of Appeals · 1898
- Diel v. StegnerMissouri Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.