Ewing v. Parrish
Missouri Court of Appeals
Appeal from Scotland Circnit Court. — Son Chas. D. Stewart, Judge. (1) The appellant complains of the instructions generally and especially instructions Nos. 6 and 9. Instruction No. 6 tells the jury “unless yon believe from the greater weight of the evidence in the cause that John B. Mndd at the time he took the Hunt note payable to himself, intended the proceeds arising therefrom to he applied to the benefit of the Pitkin estate, your verdict should be for the defendant.”
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Appeal from Scotland Circnit Court. — Son Chas. D. Stewart, Judge. (1) The appellant complains of the instructions generally and especially instructions Nos. 6 and 9. Instruction No. 6 tells the jury “unless yon believe from the greater weight of the evidence in the cause that John B. Mndd at the time he took the Hunt note payable to himself, intended the proceeds arising therefrom to he applied to the benefit of the Pitkin estate, your verdict should be for the defendant.” This instruction is clearly erroneous and misleading and not the law. It is not confined to an expressed intention, but…
1Opinion of the CourtGoode, J.
To render this case clear, a full statement of the facts is essential, and they were developed on the trial in a way that makes it difficult to ascertain from the record what they are. Much of the evidence put in consisted of testimony given on the trial of another case, wherein the final settlement of plaintiff as administrator was in contest, and many of the questions and answers on the present trial relate to what the witnesses testified at the other ■ trial. Moreover, the' testimony is, in many particulars, both vague and contradictory. This proceeding commenced in the probate court by…
2Cases cited18 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Grayson v. WeddleSupreme Court of Missouri · 1876
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3Cited by5 opinions
- Dietrich v. JonesMissouri Court of Appeals · 1932
- Stoff v. SchuetzeSupreme Court of Missouri · 1922
- Minton v. RobertsSupreme Court of Oklahoma · 1926
- Banks v. Employers' Liability Assur. Corp.District Court, W.D. Missouri · 1944
- Stetina v. BergsteinMissouri Court of Appeals · 1920