Legal Opinion

Moore v. Renick

Missouri Court of Appeals

Decided June 2, 1902PublishedCited by 8 opinions

Appeal from Lafayette Circuit Court. — Ho». Samuel Davis, Judge. (1) It was the duty of the court, especially under the peculiar facts of this case, to have instructed the jury that if respondent was indebted to Renick and paid such indebtedness without allusion to any account (which was conclusively proven), there was a presumption of fact from which the jury might (not should) infer that all indebtedness existing was settled. Burkholder v. Henderson, 78 Mo.

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Appeal from Lafayette Circuit Court. — Ho». Samuel Davis, Judge. (1) It was the duty of the court, especially under the peculiar facts of this case, to have instructed the jury that if respondent was indebted to Renick and paid such indebtedness without allusion to any account (which was conclusively proven), there was a presumption of fact from which the jury might (not should) infer that all indebtedness existing was settled. Burkholder v. Henderson, 78 Mo. App. 287; Pickel v. Association, 10 Mo. App. 191; Seehorn v. Bank, 148 Mo. 256; Ferguson v. Company, 79 Mo. App. 352. (2) The court…

1Opinion of the CourtSmith, P. J.

This is an action which originated in the probate court. The wife of the plaintiff was the sister of the deceased. The evidence adduced by the plaintiff tends to prove that the deceased was an unmarried man of considerable means, and that he had been making his home with his father and mother until after the mother’s death, which took place in 1885, after which occurrence he and his father concluded to break up. housekeeping. He then went to plaintiff and made that fact known and, at the same time inquiring of him (plaintiff) whether or not they could stay there, and to which inquiry…

2Cases cited20 opinions

  1. United States v. RossSupreme Court of the United States · 1876
  2. Stanton v. RyanSupreme Court of Missouri · 1867
  3. Wade v. HardySupreme Court of Missouri · 1882
  4. Kostuba v. MillerSupreme Court of Missouri · 1897
  5. Woods v. LandMissouri Court of Appeals · 1888

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3Cited by8 opinions

  1. Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
  2. Sargent v. FolandOregon Supreme Court · 1922
  3. Coleman v. AdkinsSupreme Court of Alabama · 1936
  4. Poage v. ParkerMissouri Court of Appeals · 1961
  5. Peoples Bank v. StewartMissouri Court of Appeals · 1911

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