McMahon v. Welsh
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) The peremptory instruction given by tbe court of its own motion (in such language as to render useless the discussion of the instructions asked by appellant) was erroneous. R. S. 1899, sec. 4340; Glaves v. Wood, 87 Mo. App. 97. (2) This instruction forced the jury to believe respondent’s testimony on all other issues, in spite of its contradictions.
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Appeal from. Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) The peremptory instruction given by tbe court of its own motion (in such language as to render useless the discussion of the instructions asked by appellant) was erroneous. R. S. 1899, sec. 4340; Glaves v. Wood, 87 Mo. App. 97. (2) This instruction forced the jury to believe respondent’s testimony on all other issues, in spite of its contradictions. When there is any substantial testimony on issues, they should be submitted to the jury. Mowry y. Norman, 204 Mo. 191. (3) The instructions asked by appellant should have been…
1Opinion of the CourtBroaddus, P. J.
The respondent’s statement of the case is fair and complete with the exception as to the testimony of defendant. It is as follows:
“This suit was brought for the conversion of a promissory note of the face value of $1,700, secured by a deed of trust on Kansas City real estate, dated March 9, 1902, and made by Zelina Florence Ahern and John E. Ahern in favor of Mary W. McMahon, plaintiff. This note was given to renew a former loan between the same parties, made in the year 1897, to this plaintiff from, money received from her father’s estate. After the extension of the note in suit in November,…
2Cases cited6 opinions
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Hurt v. CookSupreme Court of Missouri · 1899
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
- Mayer v. OldMissouri Court of Appeals · 1892
- First National Bank v. BennettMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hax v. O'DonnellMissouri Court of Appeals · 1938