Linderman v. Carmin
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. When plaintiff’s own evidence demonstrates that the alleged fact on which he predicates his right to recover cannot exist, it cannot be said that the testimony of one of the witnesses that such fact does exist is any substantial evidence thereof. DeMaet v. Moving Co., 121 Mo. App. 92; Phippin v. Railroad, T96 Mo. 343; Champagne v. Harney, T89 Mo. 726; Stafford v. Adams, TT3 Mo. App. 7T7; Sanguenet y.
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Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. When plaintiff’s own evidence demonstrates that the alleged fact on which he predicates his right to recover cannot exist, it cannot be said that the testimony of one of the witnesses that such fact does exist is any substantial evidence thereof. DeMaet v. Moving Co., 121 Mo. App. 92; Phippin v. Railroad, T96 Mo. 343; Champagne v. Harney, T89 Mo. 726; Stafford v. Adams, TT3 Mo. App. 7T7; Sanguenet y. Railroad, T96 Mo. 466; Mexico v. Jones, 27 Mo: App. 534; Morrow v. Car Co., 98 Mo. App. 35T. (T) There was an implied promise on the…
1DissentGray, J.
(dissenting). — I am unable to concur in the opinion of the court in this case, to the effect that the judgment of the trial court is supported by substantial evidence.
The defense is that the money was not borrowed, but was furnished by plaintiffs to be used by Carmin for the expenses of his trip to California after the body of the wife and daughter, and the sole question for decision is: Did the parties intend at the time the money was furnished, that it was a loan to be repaid? I am of the opinion that the record contains no substantial evidence supporting the loan theory.
There is not a…
2Cases cited26 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Clark v. SayersWest Virginia Supreme Court · 1904
- Dunne v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1895
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Gibson v. HammangNebraska Supreme Court · 1901
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