Miller v. Snyder
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Where a defendant denies an allegation material to the plaintiff’s case, the burden is on the plaintiff to establish its truth, whether the action be in contract or in tort. 16 Cyc. 928; Merchant v. Manion, 97 111. App. 43; Piper y. Matldns, 8' Kan. App. 215; Kenton Ins. Co. y. Osborne, 51 S. W. 306; Ford v. Oil Co., 32 N. Y. App. 596, 53 N. Y. S. 48; 1 Greenleaf on Evid., 107; State to Use y. Martin, 18 Mo.
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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Where a defendant denies an allegation material to the plaintiff’s case, the burden is on the plaintiff to establish its truth, whether the action be in contract or in tort. 16 Cyc. 928; Merchant v. Manion, 97 111. App. 43; Piper y. Matldns, 8' Kan. App. 215; Kenton Ins. Co. y. Osborne, 51 S. W. 306; Ford v. Oil Co., 32 N. Y. App. 596, 53 N. Y. S. 48; 1 Greenleaf on Evid., 107; State to Use y. Martin, 18 Mo. App. 468; McCartney v. Insurance Co., 45 Mo. App. 373; Turner v. Overall, 172 Mo. 289; Long v. Long, 44 Mo. App. 141.…
1Opinion of the CourtGray, J.
This is an action begun in the circuit court of Butler county, by plaintiff, to recover from the defendant the purchase price of certain personal property sold under a written contract executed between the parties. By the terms of a bill of sale, the plaintiff sold and delivered to the defendant, his interest in six head of mules and other personal property. The defendant agreed to pay for the property $58,000 feet of one-inch gum lumber. The defendant was to pile the lumber in the mill yard at Ash Hill, on or before March 1, 1908. The bill of sale was executed on the 14th day of November,…
2Cases cited8 opinions
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Ferguson & Wheeler v. DaltonSupreme Court of Missouri · 1900
- Griffith v. CreightonMissouri Court of Appeals · 1895
- Cobb v. HollowayMissouri Court of Appeals · 1908
- Miller v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1910
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