Chapin v. Stahlhuth
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Iiobt. M. Foster, Judge. (1) The finding of the trial court is not conclusive upon the appellate court. Ellis v. Railway, 89 Mo. App. 241. (2) The opinion of the trial court will not be treated as a declaration of law.
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Appeal from St. Louis City Circuit Court. — How. Iiobt. M. Foster, Judge. (1) The finding of the trial court is not conclusive upon the appellate court. Ellis v. Railway, 89 Mo. App. 241. (2) The opinion of the trial court will not be treated as a declaration of law. Mead v. Spalding, 94 Mo. 47; Loessing v. Loessing, 88 Mo. 494. (1) Where an action at law is tried before the court and no instructions are asked or given at the instance of either party, the finding of the trial court is conclusive upon the appellate court. Kehoe ,v. Phillipi, 42 Mo. App. 292; Gentry v. Templeton, 47 Mo. App.…
1Opinion of the CourtGoode, J.
This is an action on four promissory notes of two hundred and fifty dollars each. The petition alleges that the notes’ were given for a loan of one thousand dollars which the defendant, Samuel G. Stahlhuth, borrowed from the Nicholls-Ritter Realty & Financial Company, June 27, 1898; that it was agreed between the said realty company and the defendant that the notes should be made payable to S. C. Buckingham, should be signed by Eleanor B. Stahlhuth and secured by a deed of trust on property owned by her, which arrangement was carried out; but that the notes in fact were given to evidence a…
2Cases cited1 opinion
- Hill v. KingslandSupreme Court of Missouri · 1895