Legal Opinion

New York Life Insurance v. McDearmon

Missouri Court of Appeals

Decided November 16, 1908PublishedCited by 7 opinions

Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) As no declarations of law were asked or given, and the court was not requested by either party to make special findings of fact and conclusion of law, there is nothing .before this court for review except the question whether there is any evidence to support the judgment. R. S. 1899, sec. 695; Rausch v. Michel, 192 Mo. 303; Railroad v. Holschlag, 144 Mo. 257; Nichols v. Carter, 49 Mo.

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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) As no declarations of law were asked or given, and the court was not requested by either party to make special findings of fact and conclusion of law, there is nothing .before this court for review except the question whether there is any evidence to support the judgment. R. S. 1899, sec. 695; Rausch v. Michel, 192 Mo. 303; Railroad v. Holschlag, 144 Mo. 257; Nichols v. Carter, 49 Mo. App. 401; Paint & Color Co. v. Shooting the Chutes, 74 Mo. App. 661; Gilmore v. Harp, 92 Mo. App. 80; Stefele v. Johnson, 96 Mo. App. 147;…

1Opinion of the CourtJohnson, J.

Action on a bond brought by the obligee against the principal obligor and his sureties. A jury being waived, the court heard the evidence and found that defendants were indebted on the bond in the principal sum of $597.26. Judgment was entered for plaintiff for $1,000, the penalty of the bond, and execution was ordered for $759.94, the amount of the debt with interest to the date of the judgment. Defendants appealed. A number of grounds is assigned for the reversal of the judgment, but the main contention of defendants is that the indebtedness in controversy was not included within the terms…

2Cases cited10 opinions

  1. Grumley v. WebbSupreme Court of Missouri · 1869
  2. National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
  3. State v. KruegerSupreme Court of Missouri · 1896
  4. Nichols v. CarterMissouri Court of Appeals · 1892
  5. Blades v. Dewey.Supreme Court of North Carolina · 1904

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3Cited by7 opinions

  1. Milne v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
  2. Webb v. Missouri State Life InsuranceMissouri Court of Appeals · 1908
  3. Kenney v. BarrySupreme Court of New Hampshire · 1932
  4. Jackson Exchange Bank v. RussellMissouri Court of Appeals · 1914
  5. Utter v. LeachMichigan Supreme Court · 1921

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