Donijanovic v. Hartman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Leo. 8. Rassieur, Judge. (1) The court erred in overruling defendant’s instruction to find for defendant on plaintiff’s cause of action at the close of the whole case, (a) Because there was not any evidence in the case either direct or inferential that any demand was made upon the defendant by plaintiff at defendant’s place of business before the institution of this suit.
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Appeal from St. Louis City Circuit Court. — lion. Leo. 8. Rassieur, Judge. (1) The court erred in overruling defendant’s instruction to find for defendant on plaintiff’s cause of action at the close of the whole case, (a) Because there was not any evidence in the case either direct or inferential that any demand was made upon the defendant by plaintiff at defendant’s place of business before the institution of this suit. In fact, all of the evidence of the plaintiff ánd of the defendant tends to prove conclusively that no demand at the defendant’s place of business was ever made by the…
1Opinion of the CourtReynolds, P. J.
Plaintiff brought this action before a justice of the peace to recover $200. In the petition filed with the justice it is stated that on the 14th of April, 1907, defendant was engaged in the banking business and as such received from plaintiff on deposit $300, agreeing with plaintiff to return it to him on demand; that plaintiff had received $100 on the 28th of April, 1907, and had afterwards demanded of defendant the return of the balance but defendant had failed and neglected and refused to pay the same. Judgment was prayed for the $200 and interest from the date of demand.
Defendant filed…
2Cases cited2 opinions
- Landis v. SaxtonSupreme Court of Missouri · 1891
- Lucks v. Northwestern Savings BankMissouri Court of Appeals · 1910
3Cited by3 opinions
- Marks v. First Nat. BankOregon Supreme Court · 1917
- Bank of Illmo v. Sturdivant BankMissouri Court of Appeals · 1936
- Mann v. WeissMissouri Court of Appeals · 1914