Vette v. Hackman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The burden of proof was upon the defendant to establish by a preponderance of the evidence the facts necessary to his fourth defense. Tested by the conceded facts of record, the transaction sought to be established by the testimony of defendant is unbelievable.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The burden of proof was upon the defendant to establish by a preponderance of the evidence the facts necessary to his fourth defense. Tested by the conceded facts of record, the transaction sought to be established by the testimony of defendant is unbelievable. (2) The allegations made and evidence adduced on his behalf in aid of the three other claims of defense pleaded by defendant substantially negative probability of the existence of the facts alleged in support of the fourth. (3) The transaction claimed was…
1Opinion of the CourtWalker, J.
This is an action at law brought in the Circuit Court of the City of St. Louis on a written guaranty made by the defendant to the plaintiff: to secure the payment of a deed of trust. Upon a trial, a jury being waived, the court found in favor of the defendant, from which judgment this appeal has been perfected.
The guaranty in question was as follows:
“St. Louis, Mo., Sept. 19, 1909.
'“Mr. J. H. Vette, City. Dear Sir: For value received, I hereby guarantee the payment of a $15,500 deed of trust, 6%, executed by George Blockburger and wife to Samuel S. Snow, trustee, together with interest…
2Cases cited9 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Wooton v. HinkleSupreme Court of Missouri · 1855
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1917
- Hatton v. City of St. LouisSupreme Court of Missouri · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- In Re the Estate of FranzSupreme Court of Missouri · 1939
- Wilson v. United StatesCourt of Appeals for the Eighth Circuit · 1948
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
3 more not listed; retrieve them via the Exa API.