Foley v. Harrison
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The new trial was not granted because of the weight of the evidence, but on account of the insufficiency of the evidence — a demurrer. If there was any evidence to sustain the verdict, it was final. Dunn v. Bank, 109 Mo. 101. (2) No particular number of witnesses is required to prove a gift. One witness, credible or corroborated, is sufficient.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The new trial was not granted because of the weight of the evidence, but on account of the insufficiency of the evidence — a demurrer. If there was any evidence to sustain the verdict, it was final. Dunn v. Bank, 109 Mo. 101. (2) No particular number of witnesses is required to prove a gift. One witness, credible or corroborated, is sufficient. Gifts have been sustained where the donee was the only witness, but the circumstances corroborated. These cases, however, are rare, because the donee is in most jurisdictions an…
1Opinion of the CourtWoodson, J.
The plaintiff instituted this suit against the defendant, in the circuit court of Jackson county, by filing the following petition therein, to-wit:
“The plaintiff says that she is the owner of and entitled to the immediate possession of certain promissory notes or bonds, secured by mortgages or deeds of trust, and of the value of the amounts thereof as follows:
“Note or bond, $500', dated January 14, 1903, payable three years after date at the office of Harrison & Son, Kansas City, Missouri, bearing seven per cent interest; maker, Fritz Dolde; secured by a mortgage or deed of trust on lot…
2Cases cited62 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Grymes v. . HoneNew York Court of Appeals · 1872
- In re Estate of SoulardSupreme Court of Missouri · 1897
57 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Green v. WhaleySupreme Court of Missouri · 1917
- Starks v. LincolnSupreme Court of Missouri · 1927
- Cremer v. MayMissouri Court of Appeals · 1928
- Gosney v. CostiganSupreme Court of Missouri · 1930
18 more not listed; retrieve them via the Exa API.