Linderman v. Carmin
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. (1) Tbe court erred in submitting tbe first item of respondent’s case, to'-wit, tbe $320 less ten dollars, to tbe jury, for tbe reason that there was no evidence that said sum was furnished to L. L. Carmin, as a loan, but all the evidence was to tbe effect that tbe said Carmin was respondent’s agent, and that tbe said money was used 'in consummating tbe purposes of tbe agency.
Read the full summary
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. (1) Tbe court erred in submitting tbe first item of respondent’s case, to'-wit, tbe $320 less ten dollars, to tbe jury, for tbe reason that there was no evidence that said sum was furnished to L. L. Carmin, as a loan, but all the evidence was to tbe effect that tbe said Carmin was respondent’s agent, and that tbe said money was used 'in consummating tbe purposes of tbe agency. (2) It is within tbe province of an appellate court to set aside tbe judgment when tbe record shows no substantial evidence to support tbe verdict on which it…
1Opinion of the CourtParis, J.
Practice: No Conflict in Evidence: court for Jury? This case comes to us from the Springfield Court of Appeals upon the dissent of a judge of that court and the suggestion that the opinion of the majority of the court therein is contrary to the decisions of this court in the cases of state ex rel. v. Elliott, 157 Mo. l. c. 618, and Knorpp v. Wagner, 195 Mo. l. c. 662. The facts will be found stated in the opinion of the Court of Appeals written by Judge Cox, which we shall, with a slight modification, adopt as expressing our views.
The point upon which the case split in the Springfield Court…
2Cases cited6 opinions
- Powder Co. v. BurkhardtSupreme Court of the United States · 1878
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Ham v. BarretSupreme Court of Missouri · 1859
- Williamson v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
- Burt v. NicholsSupreme Court of Missouri · 1915
- Friedman v. United Railways Co.Supreme Court of Missouri · 1922
- State Ex Rel. Bowdon v. AllenSupreme Court of Missouri · 1935
- Brinkley v. United Biscuit Co. of AmericaSupreme Court of Missouri · 1942
10 more not listed; retrieve them via the Exa API.