Stephenson v. Richards
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — How. E. M. < Hughes, Judge. (1) Instruction, numbered 3, given by tbe court at plaintiff’s request, was misleading, as it told the jury that possession of the note by plaintiff raised a presumption of payment, unless explained by the testimony in the case, and, further on, that it devolved upon the defendants to make such explanation.
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Appeal from the Audrain Circuit Court. — How. E. M. < Hughes, Judge. (1) Instruction, numbered 3, given by tbe court at plaintiff’s request, was misleading, as it told the jury that possession of the note by plaintiff raised a presumption of payment, unless explained by the testimony in the case, and, further on, that it devolved upon the defendants to make such explanation. This is the effect of this instruction, and the jury might disbelieve plaintiff’s story of payment, and, yet, if defendants could not explain his possession, the jury will still find for plaintiff. It was calculated to…
1Opinion of the CourtEllison, J.
— This is a suit begun at the October term, 1889, of the Audrain county circuit court, to restrain the appellants, Richards as trustee, and the Sturgeon Savings Bank, the beneficiary, from selling eighty acres of land under a deed of trust, given by respondent to one William 0. Crosswhite as beneficiary, to secure a note for $1,125.25, both of which, the deed of trust and note, are dated Decembers, 1884. Respondent claims that said note is paid, and appellants deny its payment. On the eighth day of December, 1884, respondent bought of said Cross white said eighty acres of land, and assumed…
2Cited by2 opinions
- Pentagon Federal Credit Union v. EdwardsMissouri Court of Appeals · 1978
- Wellman v. Kaiser Investment Co.Supreme Court of Missouri · 1914