Diel v. Stegner
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The evidence, to warrant a recovery, should have been clear enough to raise a presumption at least that in some way or form Mrs. Stegner became possessed of property, money or some valuable thing belonging to the defendant in error, and that her statement was an acknowledgment of that fact, — this the court did not find.
Read the full summary
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The evidence, to warrant a recovery, should have been clear enough to raise a presumption at least that in some way or form Mrs. Stegner became possessed of property, money or some valuable thing belonging to the defendant in error, and that her statement was an acknowledgment of that fact, — this the court did not find. Griddle1 s Administrator v. Criddle, 21 Mo. 522. (2) Evidence of the character relied upon by the defendant in error is looked upon by the courts ■with great suspicion; it was so looked upon by the…
1Opinion of the CourtSmith, P. J.
— In this, which is an action by plaintiff against defendant, who is administrator of the estate of Margaret Stegner, deceased, to recover $400 for money owing plaintiff by the deceased, the plaintiff had judgment, and the defendant has appealed.
At the trial plaintiff’s witness, Storm, testified that about two months before the death of Mrs. Stegner a conversation was carried on between himself, the plaintiff and Diel, the latter’s husband, about the $400. In the course of the conversation Mrs. Stegner told Diel that it was plaintiff’s money. Diel wanted Mrs. Stegner to give that to him in…
2Cases cited20 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Cargile v. WoodSupreme Court of Missouri · 1876
- Brown v. BurrusSupreme Court of Missouri · 1843
- Hinters v. HintersSupreme Court of Missouri · 1893
- Wynn v. CorySupreme Court of Missouri · 1871
15 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. GardnerSupreme Court of Missouri · 2000
- Missouri Power & Light Co. v. City of BucklinSupreme Court of Missouri · 1942
- Fairbanks-Morse Co. v. Coulson Stock Food Co.Missouri Court of Appeals · 1910
- United States v. SchuermannDistrict Court, E.D. Missouri · 1952
- Adkinson v. McKayMissouri Court of Appeals · 1914