First National Bank v. Gardner
Missouri Court of Appeals
Appeal from the Vernon Chrcmt Court. — Hon. D. P. Stratton, Judge. (1) The trial court ought to instruct peremptorily, unless there is substantial evidence to go to the jury. Bankv. Moorman, 38 Mo., App. 484. (2) The appellate court will examine the evidence and reverse, where the verdict is so grossly against the evidence as to indicate prejudice or ignorance or mistake. Walton v. Railroad, 49 Mo.
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Appeal from the Vernon Chrcmt Court. — Hon. D. P. Stratton, Judge. (1) The trial court ought to instruct peremptorily, unless there is substantial evidence to go to the jury. Bankv. Moorman, 38 Mo., App. 484. (2) The appellate court will examine the evidence and reverse, where the verdict is so grossly against the evidence as to indicate prejudice or ignorance or mistake. Walton v. Railroad, 49 Mo. App. 620. (3) If Robinson took a conveyance of the house and lot on which the bank held a second trust deed and at the time agreed with Gardner to pay the note in suit as part of the purchase…
1Opinion of the CourtGill, J.
— This is an action on a promissory note for $100, dated at Nevada, Missouri, September 27, 1890, due ninety days after date, payable to the plaintiff and signed by defendants Gardner, Powell and Kennedy as joint makers, though Powell and Kennedy claim to have been mere sureties. The interest seems to have been paid to June 27, 1891, and indorsements to that effect appear on the note. The plaintiff recovered before the justice of the peace, but on trial in the circuit court on appeal there was a judgment in defendants’ favor and plaintiff brought the case here.
After a careful perusal of the…
2Cases cited2 opinions
- Hosea v. RowleySupreme Court of Missouri · 1874
- Citizens' Bank v. MoormanMissouri Court of Appeals · 1889
3Cited by3 opinions
- Brown v. CroyMissouri Court of Appeals · 1898
- Haley v. BranhamMissouri Court of Appeals · 1915
- Owen v. BrayMissouri Court of Appeals · 1899