Girard Life Insurance Annuity & Trust Co. v. Mangold
Missouri Court of Appeals
Appeal from the Iron Circuit Court. Hon. James F. Green, Judge. (1) “If there was any substantial evidence tending to establish the allegations of the petition, the court had no authority to withdraw the case from the jury.” Cook v. Eailroad, 63 Mo. 397; Eichey v. Barnes, 83 Mo. 362; Kelly v. Eailroad, 70 Mo. 604; Stewart v. Sparkman, 69 Mo.
Read the full summary
Appeal from the Iron Circuit Court. Hon. James F. Green, Judge. (1) “If there was any substantial evidence tending to establish the allegations of the petition, the court had no authority to withdraw the case from the jury.” Cook v. Eailroad, 63 Mo. 397; Eichey v. Barnes, 83 Mo. 362; Kelly v. Eailroad, 70 Mo. 604; Stewart v. Sparkman, 69 Mo. App. 456; Hite v. Eailroad, 130 Mo.T40(on rehearing); Bender v. Eailroad, 137 Mo. 240. (2) “The beneficiary in a deed of trust may, after entry or foreclosure, maintain an action against the mortgagor or third persons for permanent injuries to the…
1Opinion of the CourtBond, J.
This is an action for trespass brought by a beneficiary in a deed of trust on certain real estate for tbe cutting and removal of timber, between tbe date of tbe execution of tbe deed of trust and tbe foreclosure thereof, it being alleged that tbe proceeds of tbe foreclosure did not satisfy tbe secured indebtedness. There was evidence tending to prove tbe allegations of tbe petition. Tbe learned circuit judge announced during tbe trial that be was of opinion “that tbe defendant was not liable for tbe cutting of timber before tbe maturity of tbe deed of trust.” In accordance with this view at…
2Cases cited2 opinions
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
- Heitkamp v. LaMotte Granite Co.Missouri Court of Appeals · 1894
3Cited by3 opinions
- Guaranty Savings & Loan Ass'n v. City of SpringfieldSupreme Court of Missouri · 1940
- Terry v. CB Contracting CompanyMissouri Court of Appeals · 1965
- Girard Life Insurance v. MangoldMissouri Court of Appeals · 1902