Brist, Admr. v. Kurn and Thompson

This action was filed in Dunklin County, Missouri, in May, 1943, and, on change of venue, went to Butler County, Missouri. It resulted in a hung jury on the first trial. A second trial occurred in Butler County, Missouri, in July, 1944, and resulted in a verdict for plaintiffs against J. M. Kurn and Frank A. Thompson, as trustees, in the sum of $7500. Kurn has since died and Thompson is now the sole appellant. The appeal is from the judgment so rendered. ■

Defendants asked instructions in the trial court in the nature of demurrers to the evidence, both at the close of plaintiffs’ case and at…