Jones v. Durham
Missouri Court of Appeals
Appeal from Newton Circuit Court-. — Hon. Henry C. Pepper, Judge. (1) This judgment was the result of the giving of the following instruction for defendant, being the only instruction asked or given on behalf of defendant, viz.: “The court instructs the jury, as a matter of law, that the burden of proof is on the plaintiff, and it is for him to prove his case by a preponderance of the evidence; if you find that the evidence bearing upon plaintiff’s case evenly balances, or…
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Appeal from Newton Circuit Court-. — Hon. Henry C. Pepper, Judge. (1) This judgment was the result of the giving of the following instruction for defendant, being the only instruction asked or given on behalf of defendant, viz.: “The court instructs the jury, as a matter of law, that the burden of proof is on the plaintiff, and it is for him to prove his case by a preponderance of the evidence; if you find that the evidence bearing upon plaintiff’s case evenly balances, or that it preponderates in favor of defendant, then plaintiff can not recover.” The propriety of this instruction under the…
1Opinion of the CourtGoode, J.
Plaintiff sued the defendant before a justice of the peace on the following account:
“Neosho, Missouri, May 27, 1901.
“Thomas B. Durham to Newton E. Jones, Dr.
To use of hay rake, two years, 1897 and 1898, at $1.50.......................$ 3.00
To money loaned, check given November 3, 1898 ............................. 50.00
To interest on same to May 27, 1901..... 7.70
To use of fanning mill, 1899............ 5.30
To balance of wheat, 1899.............. 1.90
To use of wagon six months, 1899........ 3.00
To two balls of twine, five pounds each, 1899 1.20
To use of horse, 1899................... 1.00
To…
2Cases cited4 opinions
- Morton v. HeidornSupreme Court of Missouri · 1896
- Berry v. WilsonSupreme Court of Missouri · 1876
- Clarke v. KitchenSupreme Court of Missouri · 1873
- Crawford v. DopplerSupreme Court of Missouri · 1894
3Cited by6 opinions
- State v. RichardsonSupreme Court of Iowa · 1908
- Miller v. Firemen's InsuranceMissouri Court of Appeals · 1921
- Dalton v. RedemeyerMissouri Court of Appeals · 1910
- Cramer v. NelsonMissouri Court of Appeals · 1908
- La Rue v. BungenstockSupreme Court of Missouri · 1923
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