Grant v. Rowe
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. William N. Evans, Judge. (1) Instruction number 3 given by tbe court on tbe part of the plaintiff was correct and properly declared tbe law. "We find by reference to tbe authorities that tbe courts have given similar instructions, that is to say, in tbe case of Deuchler v. Ins. Co., 51 Mo.
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Appeal from the Howell Circuit Court. — Hon. William N. Evans, Judge. (1) Instruction number 3 given by tbe court on tbe part of the plaintiff was correct and properly declared tbe law. "We find by reference to tbe authorities that tbe courts have given similar instructions, that is to say, in tbe case of Deuchler v. Ins. Co., 51 Mo. App. 154. “That it was for him (plaintiff) to prove bis case by a preponderance of evidence and that if the jury found that tbe evidence in tbe case was evenly balanced, or that it preponderated in favor of tbe defendant, tbe verdict should be for tbe defendant.”…
1Opinion of the CourtBond, J.
This is a replevin by tbe mortgagee of personal property against tbe mortgagor, who defended on tbe ground that tbe. note secured by tbe mortgage and that in*562st-rument were executed by him when he was incapable of contracting, from the effects of whiskey, which the mortgagee had induced him to drink, in order to procure his signature to the notes and mortgage. There was a trial and verdict for the plaintiff in the circuit court where the case had been taken on.an appeal from a justice’s court, which was set aside for assumed error in the following instruction given for plaintiff:
“The court…
2Cases cited2 opinions
- Blitt v. HeinrichMissouri Court of Appeals · 1888
- Deuchler v. Farmers' Fire InsuranceMissouri Court of Appeals · 1892