Dickmann v. Hespos
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. Where the motion for a new trial sets out that the verdict is against the weight of the evidence (as it does in this case), and the court grants a new trial without stating its grounds (as it did in this case), the appellate court will presume that the court awarded the new trial on that ground. Willard v. Car Co., 130 Mo. 529; Bank v. Wood, 124 Mo. 76; Hewett v. Steel, 118 M'o. 474.
1Opinion of the CourtNortoni, J.
In this action, plaintiff, a real estate agent, seeks to recover commissions alleged to have accrued to him on account of real estate sold. On a tidal before the jury in the circuit court, plaintiff recovered. Afterwards, the court sustained defendant’s motion and granted a new trial. Plaintiff prosecutes the appeal from the order of the court granting the new trial.
The evidence is more or less conflicting on the material issues involved. Indeed, there is substantial proof in the record tending to support the defendant’s theory that the plaintiff has no claim whatever against him. Although…
2Cases cited7 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
- Thompson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
- Stewart ex rel. Stewart v. ToddMissouri Court of Appeals · 1902
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