Jennemann v. Bucher
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. (1) The burden of proof was, of course, on the plaintiff; that is, it was' incumbent on him to sustain the petition by a preponderance of the evidence. This, we submit, he absolutely failed to do. Glover v. Henderson, 120 Mo. 367. (2) The court erred in overruling objections to leading questions.
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Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. (1) The burden of proof was, of course, on the plaintiff; that is, it was' incumbent on him to sustain the petition by a preponderance of the evidence. This, we submit, he absolutely failed to do. Glover v. Henderson, 120 Mo. 367. (2) The court erred in overruling objections to leading questions. Engelking v. Eailroad, 187 Mo. 158; 1 Bedfield’s Edition of Greenfield’s Ev., 477; State v. Whalen, 148 Mo. 286. (3.) The court erred in excluding defendant’s offer of an affidavit made by the plaintiff to the Secretary of…
1Opinion of the Court
-REYNOLDS, P. J.
— The petition in this case charges that defendant, at a day named, was the owner of fifteen shares of the capital stock of the Jenneman-Bucher Retail Liquor Company; that on that date, defendant entered into a contract with plaintiff whereby he agreed to sell to plaintiff the fifteen shares of capital stock, “at and for its book value, which was then and there ascertained and agreed between the plaintiff and defendant to amount to the sum of three thousand, three hundred and sixty-one dollars and thirty-one cents.” Averring that defendant duly delivered and assigned these…
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