Borchers v. Barckers
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in giving defendants’ peremptory instruction. (2) The court, below erred in permitting the witness H. A. Loevy, to testify. Donnell v. Jung, 81 Mo. App. 511; Waltemar v. Schnick, 102 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in giving defendants’ peremptory instruction. (2) The court, below erred in permitting the witness H. A. Loevy, to testify. Donnell v. Jung, 81 Mo. App. 511; Waltemar v. Schnick, 102 Mo. App. 133; Creen v. Building Co., 196 Mo. 358. (3) The court below erred in admitting in evidence the said assignment, for the reason, that under the terms of the policy, it had not received the assent of the association. (4) The case at bar was properly triable by a jnry. Under the statutes of the State of…
1Opinion of the CourtReynolds, P. J.
This is the second appeal of this case to this court; as it was here before and is reported 143 Mo. App. 72, it was on the appeal of defendant Henry N. Barckers; now it is here on the appeal of plaintiff. It was reversed by this court for error in an instruction on undue influence, this court holding that there was no evidence of undue influence in the case. The facts and issues are so fully set out in the report of the case when before us on the first appeal that it is unnecessary to repeat them. The cause was then remanded because it was thought by the court that on careful examination of…
2Cases cited2 opinions
- Borchers v. BarckersMissouri Court of Appeals · 1909
- Blood v. Sovereign Camp Woodmen of WorldMissouri Court of Appeals · 1909
3Cited by8 opinions
- National Discount Shoes, Inc. v. Royal Globe InsuranceAppellate Court of Illinois · 1981
- Wickes v. Metropolitan Life Ins. Co.Louisiana Court of Appeal · 1936
- Jackson Savings & Loan Ass'n v. SeabaughMissouri Court of Appeals · 1965
- Taylor v. PerkinsMissouri Court of Appeals · 1913
- Lindsay v. HotchkissMissouri Court of Appeals · 1917
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