Erhart v. Dietrich
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. ' (1) The court erred in setting aside the verdict of "the jury and granting respondent a new trial; for •instructions numbered 1, 2 and 3, given on motion of appellant, properly declared the law under the pleadings •and evidence in this cause.
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Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. ' (1) The court erred in setting aside the verdict of "the jury and granting respondent a new trial; for •instructions numbered 1, 2 and 3, given on motion of appellant, properly declared the law under the pleadings •and evidence in this cause. (2) Instruction numbered 1, .given on motion of defendant, correctly declared the the law; possession of a promissory note, by maker, -after due, is presumptive evidence of payment. Lawson v. Cudgel, 45 Mo. 480; Hill v. Gayle, 1 Ala. .275; Smith v. Harper, 5 Cal. 329; 1 Greenleaf on…
1Opinion of the CourtGantt, P. J.
— This is an action by the administrator of John Dietrich, deceased, andWm. Gerth, the' trustee in a deed, of trust given to said Dietrich by his son, August Dietrich, the defendant, to secure a certain note for $800, of date December 28, 1886, and bearing 8 per cent, interest. John Dietrich, Sr., died in the winter of 1890, at the age of 87 years. He was, as his. name indicates, a German. He never acquired sufficient knowledge of the English language to speak it. He was a widower for several years prior to his death. He left surviving him four children, two sons, John and the defendant,…
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