Title Guaranty & Surety Co. v. Drennon
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. (1) It is the duty of this court to set aside the order of the lower court in granting a new trial herein and to direct the trial court to re-instate the judgment as entered by it in said canse, for the reason that under the evidence in this case, there can be but one finding and that for plaintiff. Foley v. Harrison, 233 Mo. 506; Smoot v. Kansas City, 194 Mo. 532; Casey v. Trans.
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Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. (1) It is the duty of this court to set aside the order of the lower court in granting a new trial herein and to direct the trial court to re-instate the judgment as entered by it in said canse, for the reason that under the evidence in this case, there can be but one finding and that for plaintiff. Foley v. Harrison, 233 Mo. 506; Smoot v. Kansas City, 194 Mo. 532; Casey v. Trans. Co., 186 Mo. 232; Fitzjohn v. Trans. Co., 183 Mo. 78-79-80. (2) A principal will not be considered as having ratified an unauthorized act of his…
1Opinion of the CourtTrimble, J.
In this case plaintiff, a surety company, sued its agents for damages alleged to have been caused by the latter exceeding their authority in *201signing a judicial bond. The company obtained judgment. Thereupon defendants filed a motion for new trial which the court sustained “for the reason that the finding and judgment was against the evidence and against the weight of the evidence.” Plaintiff appealed.
The judgment of the trial court in granting a new trial must be affirmed. Where the trial court exercises its discretionary power of setting aside a judgment on the ground that it is against the…
2Cases cited7 opinions
- Fitzjohn v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Moore v. HarmesMissouri Court of Appeals · 1907
- Donaldson Bond & Stock Co. v. HouckSupreme Court of Missouri · 1908
- John Schoen Plumbing Co. v. Empire Brewing Co.Missouri Court of Appeals · 1907
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