New England Loan & Trust Co. v. Browne
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Appellant complains of the decree of the court for the reason that it is not supported by the evidence in this ease, and is erroneous.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Appellant complains of the decree of the court for the reason that it is not supported by the evidence in this ease, and is erroneous. As there was no claim, or attempt to prove by respondents that John Browne knew, or had reason to believe, that plaintiff company had mistakenly assigned the certificate of purchase, it is right to assume that he believed that the New England Loan and Trust Company had voluntarily and intentionally assigned it, and if it did, he as well as any other person had the right to purchase the…
1Opinion of the CourtFox, J.
As was said by the distinguished judge in the case of Lins v. Lenhardt, 127 Mo. 271, “This cause is, to a large extent, a fact case.” As to the jurisdiction of the court, the appropriateness of the decree, so far as- disclosed by appellants’ brief, is not controverted, if the facts as indicated by the record warranted the finding of the trial court.
There appears to be no dispute as to legal propo*423sitions, so ably and fully presented by counsel for respondents; at least, after taking leave to file a reply brief, we find none presented. Hence, we will not burden this opinion with a review of the…
2Cases cited4 opinions
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Hunter v. WhiteheadSupreme Court of Missouri · 1868
- Jamison v. BagotSupreme Court of Missouri · 1891
3Cited by3 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- Troll v. Daugherty & Bush Real Estate Co.Missouri Court of Appeals · 1914
- South Missouri Pine Lumber Co. v. CrommerSupreme Court of Missouri · 1907