Baughman v. Fulton
Supreme Court of Missouri
Appeal from Platte Circuit Cowrt.-T-Hcm. "William S. Herndon, Judge. (1) The evidence does not show that appellant ever received one cent, or any other thing, from Mrs. Milotte, or anyone else for the Wyandotte lot. (2) The consideration in a deed is always open to an explanation; and it was an error to exclude the statement of Darnall, showing that appellant received only $700, and that from' Chesnut, and not from Mrs. Milotte.
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Appeal from Platte Circuit Cowrt.-T-Hcm. "William S. Herndon, Judge. (1) The evidence does not show that appellant ever received one cent, or any other thing, from Mrs. Milotte, or anyone else for the Wyandotte lot. (2) The consideration in a deed is always open to an explanation; and it was an error to exclude the statement of Darnall, showing that appellant received only $700, and that from' Chesnut, and not from Mrs. Milotte. If he received only $700, then he is liable for that amount only. Cook v. Curtis, 36 N. W. Rep. 692; Byrnes v. Rich, 5 Gray, 518; 2 Devlin on Deeds [1 Ed.], p. 200,…
1Opinion of the CourtBurgess, J.
This case was before this court on a previous occasion (Evans v. Fulton, 134 Mo. 653) on plaintiff’s appeal. The judgment was then reversed and the cause remanded because of error of the court in refusing the first and fifth declarations of law prayed for by plaintiff. On the last trial plaintiff recovered a verdict for $208, which was upon his motion set aside, and a new trial granted. From the order of the court setting aside the verdict and granting plaintiff a new trial defendant appeals.
Since the case was submitted on briefs for decision by the respective parties, the death of the…
2Cases cited11 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
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- Baker v. City of IndependenceMissouri Court of Appeals · 1900
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