Dunlap v. Kelley
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) The plaintiff offered no proof whatever of her ownership of the note sued on. Pattison’s Code Pleading, sec. 353; Donovan v. Pottery Co., 9 Mo. App. 595; Worrell v. Roberts, 58 Mo. App. 197; Bank v. Pennington, 42 Mo. App. 355; Saville v. Huffstetter, 63 Mo.
Read the full summary
Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) The plaintiff offered no proof whatever of her ownership of the note sued on. Pattison’s Code Pleading, sec. 353; Donovan v. Pottery Co., 9 Mo. App. 595; Worrell v. Roberts, 58 Mo. App. 197; Bank v. Pennington, 42 Mo. App. 355; Saville v. Huffstetter, 63 Mo. App. 273. (2) “No rule of law is more firmly grounded in the practice of this State than that the jury is the sole judge of the weight of evidence and the credibility of witnesses. Upon this part of their province no judge is permitted to go.” Gregory v. Chambers, 78 Mo.…
1Opinion of the CourtEllison, J.
— This action is based on a promissory note executed by defendant to the plaintiff. She recovered judgment in the trial court. The case was before us on another appeal (105 Mo. App. 1.) The note was made to the plaintiff. She indorsed it to another and he afterwards indorsed it back to her. These indorsements were alleged, but not proven, and on that account we remanded the cause for another trial. At the last trial, the court peremptorily instructed the jury to find for the plaintiff and a verdict for $113.56 was rendered on February 7, 1905. We regard that there were such irregularities and…
2Cases cited11 opinions
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Moore v. DixonSupreme Court of Missouri · 1872
- Hard v. FosterSupreme Court of Missouri · 1889
- Miller v. CavanaughCourt of Appeals of Kentucky · 1896
- Hackenberry v. ShawIndiana Supreme Court · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Thoele v. Marvin Planing Mill Co.Missouri Court of Appeals · 1912
- Dunlap v. KellyMissouri Court of Appeals · 1908