Parker v. Harrison
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The court erred in placing upon the demand-ant, appellant, the burden of proving that the money that J. B. Harrison received, belonging to Mrs. Sally, to pay to L. P. Parker, had not been so paid by Harrison to Parker. Carder v. Primm, 52 Mo.
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Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The court erred in placing upon the demand-ant, appellant, the burden of proving that the money that J. B. Harrison received, belonging to Mrs. Sally, to pay to L. P. Parker, had not been so paid by Harrison to Parker. Carder v. Primm, 52 Mo. App. 102; Best v. Best, 74 S. W. 738; State ex rel. v. Weaver, 92 Mo. 679. (2) The facts in this case do not justify any departure from the usual rule that one relying upon the defense of payment must give evidence of the fact of payment. Mfg. Co. v. Henry, 44 Mo. App. 263; Diel v.…
1Opinion of the CourtCox, J.
This case originated in the probate court of Phelps county upon an account filed by plaintiff against defendant for one-half of attorneys’ fees and expenses paid by deceased Parker. Said attorneys’ fees and expenses alleged to have been received by deceased' James B. Harrison in his lifetime and one-half of which was due deceased Parker. On trial in probate court the account was disallowed, plaintiff appealed to the circuit court where the case was tried before a jury and a verdict returned in favor of defendant, and plaintiff has appealed to this court.
It is admitted that L. P. Parker is…
2Cases cited3 opinions
- Carder v. PrimmMissouri Court of Appeals · 1892
- State ex rel. Piles v. RichardsonMissouri Court of Appeals · 1888
- State ex rel. Weaver v. WeaverSupreme Court of Missouri · 1887
3Cited by3 opinions
- Peoples State Bank v. KellyIndiana Court of Appeals · 1922
- Claim of Rhoades v. Estate of RobinsonMissouri Court of Appeals · 1928
- People's Nat. Bank v. PayneCourt of Appeals for the Eighth Circuit · 1928