Seligman v. Rogers
Supreme Court of Missouri
(1) Where the preponderance of the evidence is*so ■decidedly in favor of the defeated party as to lead naturally to the conclusion that injustice has been done him by the judgment, a new trial should be granted. Ackley v. Staehlin, 56 Mo. 558; Ilearn v. Keith, 63 Mo. 84; Wilson v. Albert, 89 Mo. 544; Filis v. Bray, 79 Mp. 227; Lionberger v. Pohhnan, 16 Mo.
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(1) Where the preponderance of the evidence is*so ■decidedly in favor of the defeated party as to lead naturally to the conclusion that injustice has been done him by the judgment, a new trial should be granted. Ackley v. Staehlin, 56 Mo. 558; Ilearn v. Keith, 63 Mo. 84; Wilson v. Albert, 89 Mo. 544; Filis v. Bray, 79 Mp. 227; Lionberger v. Pohhnan, 16 Mo. App. 397; Hacker v. Brown, 81 Mo. 68; 'Bobbins v. Phillips, 68 Mo. 160; Schoollings v. Bailroad, 75 Mo. 518; Moore v. Hutchisonf 69 Mo. 429; Skink v. Sautter, 73 Mo. 46. (2) The court erred in its instruction on the theory of the…
1Opinion of the CourtG-antt, P. J.
This suit originated in the probate court of the City of St. Louis in December, 1887. It is *648founded on the following demand exhibited against the estate of C. W. Rogers, deceased. -
New York, June 1, 1883.
Mr. G. W. Rogers, in account with J. §■ W. Seligman $• Go., 188S.. June 1. To first installment of subscription, June first, one
thousand shares Atlantic & Pacific stock. $10,000.00 June 30. To second installment of subscription, one thousand
shares Atlantic & Pacific stock. 6,000.00
$16,000.00
J. & W. Seligman & Co.,
By Attorney.
Judgment was rendered for the plaintiffs in the probate court…
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