McCrary v. Thompson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park; Judge. (1) Whenever an appellate court can see from the findings that certain facts exist and the existence of other facts can be legally presumed, the court will presume the existence of such facts. Downing v. Bourlier, 21 Mo. 149; Nichols v. Carter, 49 Mo.
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Appeal from Jackson Circuit Court. — Hon. John G. Park; Judge. (1) Whenever an appellate court can see from the findings that certain facts exist and the existence of other facts can be legally presumed, the court will presume the existence of such facts. Downing v. Bourlier, 21 Mo. 149; Nichols v. Carter, 49 Mo. App. 401. (2) But if this court shall say that the lower court failed to find upon material issues in the case, and cannot legally presume the existence of such facts, then the cause must be reversed. Downing v. Bourlier, 21 Mo. 149; Nichols v. Carter, .49 Mo. App. 401; Ins. Co. v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sued as the receiver of the Surety Trust Company. The facts as found by the court, a jury having been waived, are in substance as follows: E. G. Sutton, the agent of the trust company, and the defendant were friends and had formerly lived in the same town in the State of Kansas, and each *599was interested in the welfare of the other. On behalf of the trust company and acting as a real estate broker, Sutton had effected a sale of certain vacant real estate to a Mr. C. H. Beckett, who informed Sutton that his purpose in buying the property was to erect an apartment house, but he was…
2Cases cited4 opinions
- School District v. MatherlyCourt of Appeals of Kansas · 1901
- Greer v. NuttMissouri Court of Appeals · 1893
- May v. MooreMissouri Court of Appeals · 1903
- Wear Bros. v. SchmelzerMissouri Court of Appeals · 1902