Dustin v. Farrelly
Missouri Court of Appeals
Appeal from the St. .Louis City Circuit Court. — Son. Beldon P. Spencer, Judge. (1) The court committed error in ruling that it would sustain defendant’s demurrer to the evidence. If there is any evidence whatever, however slight, it must be submitted to the jury. Twohey v. Eruin, 96 Mo. 104; Charles v. Patch, 87 Mo. 450; Taylor v. Short, 38 Mo.
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Appeal from the St. .Louis City Circuit Court. — Son. Beldon P. Spencer, Judge. (1) The court committed error in ruling that it would sustain defendant’s demurrer to the evidence. If there is any evidence whatever, however slight, it must be submitted to the jury. Twohey v. Eruin, 96 Mo. 104; Charles v. Patch, 87 Mo. 450; Taylor v. Short, 38 Mo. App. 21; Rippey v. Eriede, 26 Mo. 523. In consequence of defendant’s refusal to answer certain material questions, and to sign his deposition, his answer .should have been striken out. E. S. 1889, secs. 8920 and 8924; Ex parte McKee, 18 Mo. 599; Ex…
1Opinion of the CourtBiggs, J.
This is an action of replevin to recover the possession of three second mortgage bonds issued by the Grand Laundry Company, a corporation. It is conceded that ■in June, 1896, the bonds in controversy were the property of the plaintiff, and that in settlement of a demand for certain commissions and services which the defendant claimed to bo due him from plaintiff, the bonds were delivered to defendant. The claim of plaintiff now is that the settlement was made and the bonds d'elivered under duress. The circuit court sustained a demurrer to plaintiff’s evidence. On this appeal the plaintiff…
2Cases cited6 opinions
- Ex Parte MckeeSupreme Court of Missouri · 1853
- Haskell v. SullivanSupreme Court of Missouri · 1862
- Carr v. DawesMissouri Court of Appeals · 1890
- Larimore v. BobbSupreme Court of Missouri · 1893
- Snyder v. RaabSupreme Court of Missouri · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Degel v. St. Louis Transit Co.Missouri Court of Appeals · 1903