Legal Opinion

Proffer v. Miller

Missouri Court of Appeals

Decided March 9, 1897PublishedCited by 4 opinions

Appeal from the Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. The weight of the evidence preponderates so strongly against the verdict that it was plainly the result of partiality, prejudice, passion, mistake, or ignorance, and the court should have granted a new trial, jEmpey v. Cable Co., 45 Mo.

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Appeal from the Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. The weight of the evidence preponderates so strongly against the verdict that it was plainly the result of partiality, prejudice, passion, mistake, or ignorance, and the court should have granted a new trial, jEmpey v. Cable Co., 45 Mo. App. 422; Duggan v. B. B., 46 Id. 266; Adler v. Wagner, 47 Id. 25; Walton v. B. B., 49 Id. 620; Lovell v. Davis, 52 Id. 342; Lionberger v. Pohlman, 16 Id. 392; Borgraefe v. Knights of Honor, 22 Id. 127; Freese v. Fallon, 24 Id. 439; Bpohriv. B. B., 87 Mo. 74; Oglebay v. Corby, 96 Id.…

1Opinion of the CourtBland, P. J.

Amon Miller is the father of Leander Miller. Amon was the owner of a mule. which Leander traded to Proffer for a mule of Proffer’s, giving $25 in boot. The Proffer mule was taken by Leander to his father’s house, and was found there when the writ of replevin was served in this case. Proffer, in a very few days after his trade, and after making a better acquaintance with the Miller mule, went to the Miller’s with the mule he had traded for, and offered to return him and the $25 of boot money, and demanded that the mule which he had exchanged be returned to him, claiming he had been cheated and…

2Cases cited6 opinions

  1. State v. McNamaraSupreme Court of Missouri · 1889
  2. State v. EisenhourSupreme Court of Missouri · 1896
  3. Puller v. ThomasMissouri Court of Appeals · 1889
  4. State v. SwinneyMissouri Court of Appeals · 1887
  5. Hanlon v. O'KeeffeMissouri Court of Appeals · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Reich v. ThompsonSupreme Court of Missouri · 1940
  2. Bank of Malden v. StokesMissouri Court of Appeals · 1926
  3. Meisch v. SippyMissouri Court of Appeals · 1903
  4. State ex rel. Morris v. FieldsMissouri Court of Appeals · 1899

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