Vermont Marble Co. v. Achuff
Missouri Court of Appeals
Appeal from tbe Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) A demurrer to the evidence admits everything that the testimony conduces to prove. Eisher v. Railroad, 23 Mo. App. 201; Noinger v. Eogt, 88 Mo. 589. A demurrer admits every fact which the jurors might infer if the evidence were before them, and should be sustained only when the evidence thus considered fails to make proof of some essential fact in the case. Jackson v. Ins. Co., 27 Mo.
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Appeal from tbe Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) A demurrer to the evidence admits everything that the testimony conduces to prove. Eisher v. Railroad, 23 Mo. App. 201; Noinger v. Eogt, 88 Mo. 589. A demurrer admits every fact which the jurors might infer if the evidence were before them, and should be sustained only when the evidence thus considered fails to make proof of some essential fact in the case. Jackson v. Ins. Co., 27 Mo. App. 62; Herboth v. Gaal, 47 Mo. App. 255. (2) The evidence shows the interpleader’s title to the property under the mortgage which was fair…
1Opinion of the Court
BLAND, P. j.
On November 20, 1895, E. R. Achuff, made, executed and delivered to J. E. Ragsdale a chattel mortgage transferring to said Ragsdale forty finished marble monuments, fifteen unfinished mái’ble monuments, “all tools and designs and all supplies then used and situated in the shop located in Paris, Mo.,” to secure the payment of a promissory note given by Achuff to Ragsdale for $1,600, dated November 5, 1895, due one year after date and bearing interest at the rate of eight per cent per annum from date. On the back of the mortgage was the following indorsement: “Filed this 20th day of…
2Cases cited7 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Bigelow v. StringerSupreme Court of Missouri · 1867
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