Sammons v. O'Neill
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) It was error to tell the jury, by instruction 6, as modified, that the defendant had the burden of proving fraud only “as against the Lounge Company.” It had the burden on the whole case, and as against every one concerned therein. State v. Mason, 96 Mo. 559; Albert v. Beset, 88 Mo. 150; Martin v. Fox, 40 Mo.
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Appeal from the Jaclcson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) It was error to tell the jury, by instruction 6, as modified, that the defendant had the burden of proving fraud only “as against the Lounge Company.” It had the burden on the whole case, and as against every one concerned therein. State v. Mason, 96 Mo. 559; Albert v. Beset, 88 Mo. 150; Martin v. Fox, 40 Mo. App. 664; State- v. Hope, 102 Mo. 410. (2) The court, by refusing to give either instructions 7 or 8, left the jury without definition of what “knowledge on Sammons’ part” legally meant. By refusing the above and…
1Opinion of the CourtEllison, J.
This is an action of replevin wherein defendant had judgment in the trial court.
The defendant is the sheriff of Jackson county and as such seized the goods on writs of attachment, as being the property of the Kansas City Lounge Company, said writs having been sued out by creditors of said Lounge Company. The goods were taken from the possession of plaintiff, who claims to be the owner by purchase from the Lounge Company. The sale to plaintiff is attacked for alleged fraud. There was evidence tending to prove that the Lounge Company made the conveyance • to plaintiff for the purpose of…
2Cases cited9 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Winchester & Partridge Manufacturing Co. v. CrearySupreme Court of the United States · 1885
- Carroll v. HaywardMassachusetts Supreme Judicial Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brown v. HoffelmeyerMissouri Court of Appeals · 1898
- Peoples Bank Ex Rel. Moberly v. JonesSupreme Court of Missouri · 1936
- Kelly-Goodfellow Shoe Co. v. Vail Bros.Missouri Court of Appeals · 1900
- Kurtz v. TrollSupreme Court of Missouri · 1903
- Christian v. SmithMissouri Court of Appeals · 1900
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