Adam Roth Grocery Co. v. Hotel Monticello Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Mon. Charles Claflin Allen, Judge. The application for a new trial on the ground of newly-discovered evidence must show: First, that the evidence has come to his knowledge since the trial; second, that it was not owing to the want of due diligence that it did not come sooner; third, that it°i's so material that it would probably produce a different result if a new trial were granted; fourth, it is not cumulative; fifth, that the…
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Appeal from St. Louis City Circuit Court.—Mon. Charles Claflin Allen, Judge. The application for a new trial on the ground of newly-discovered evidence must show: First, that the evidence has come to his knowledge since the trial; second, that it was not owing to the want of due diligence that it did not come sooner; third, that it°i's so material that it would probably produce a different result if a new trial were granted; fourth, it is not cumulative; fifth, that the object of the testimony is not merely to impeach the character or credit of a witness. State v. Ray, 53 Mo. 349; State v.…
1Opinion of the CourtReynolds, P. J.
On the 22nd of July, 1911, plaintiff commenced its action against defendant, both parties corporations.
The petition is in three counts. The first count avers that on March 2,1908, defendant was indebted to plaintiff in the sum of $576.89, “for the money then found to be due by said defendant to plaintiff, and by them both agreed to, upon an account stated between them, which said sum the said defendant then and there promised to pay, but that said sum is still due and wholly unpaid.” Judgment is asked' for this with interest from March 2, 1908.
The second and third counts are on notes.
A…
2Cases cited7 opinions
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. SansoneSupreme Court of Missouri · 1893
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Stahlman v. United Railways Co.Missouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mahany v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Williams v. Casparis Bros.Supreme Court of Oklahoma · 1925
- Knox v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1918
- Kansas City Commercial Photo View Co. v. Kansas City Bridge Co.Missouri Court of Appeals · 1921
- Webster v. EkNorth Dakota Supreme Court · 1932
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