Taylor v. Short
Missouri Court of Appeals
Appeal-from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The motion for a new trial ought to have been sustained, (a) Because there was no substantial evidence on behalf of defendant that plaintiff was a principal on the M. G-. Brown note.
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Appeal-from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The motion for a new trial ought to have been sustained, (a) Because there was no substantial evidence on behalf of defendant that plaintiff was a principal on the M. G-. Brown note. The evidence of the whole case preponderates so strongly on the side of plaintiff, as to convince an unprejudiced mind that the verdict was founded upon partiality, bias, prejudice or mistake, and not upon a just and fair consideration of the evidence. This being the case, the appellate court will reverse the judgment. Spohn v. Railroad, 87…
1Opinion of the Court
Smith; P. J.
This is a suit in which the plaintiff seeks to recover of the defendant five hundred and fifty dollars, being half the sum paid by plaintiff on a note dated January 7, 1886, executed by L. D. Short, the plaintiff, Wm. M. Taylor, and the defendant, W. IT. Short, to M. Gr. Brown, cashier of the Brownsville Savings Bank; the grounds of the action being that the defendant was a co-surety of plaintiff. The answer admits the execution of the note and the payment *23thereof by plaintiff, but denies that plaintiff was a surety, alleging that he and L. D. Short were partners and principals in…
2Cases cited4 opinions
- Charles v. PatchSupreme Court of Missouri · 1885
- Twohey v. FruinSupreme Court of Missouri · 1888
- Hoyle v. FarquharsonSupreme Court of Missouri · 1883
- Schaabs v. Woodburn Sarven Wheel Co.Supreme Court of Missouri · 1874
3Cited by5 opinions
- Pope v. RamseyMissouri Court of Appeals · 1899
- Nowell v. ModeMissouri Court of Appeals · 1908
- Cosgrove v. StangeMissouri Court of Appeals · 1916
- Tower v. PauleyMissouri Court of Appeals · 1898
- Plymouth Cordage Co. v. YeargainMissouri Court of Appeals · 1901