Missouri Appeal Reports Volume 149

Missouri Appeal Reports Volume 149

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...Appeal from Wayne Circuit Court.---Hon. Joseph J. Williams, Judge. Rnvnnsnn AND REMANDED (with directions). V. V. Ing for appellant. (1) The plea of non est factum raises a question of fact, and the burden of proof is on the plaintifl to prove that the defendant signed the note. Edmonston v. Henry, 45 Mo. App. 346. (2) If the discretion of the trial court is wrongly used, the appellate court will not allow the action to stand. Coleman v. Cole, 96 Mo. App. 22. (3) The only question in this appeal is the grounds assigned in the order granting the new trial. Kauflfman-Wilkinson Co. v. (Jhristophel, 59 Mo. App. 80; Kelleher v. United Co., 126 S. W. 796; MlCVey v. Barker, 92 Mo. App. 498; Caris v. Nimmons, 92 Mo. App. 66. (4) If defendant had been permitted to elicit from witnesses answers to the questions about Enloe having signed Ward's name on the note, it would not have been erroneous, for the reason that a party cannot complain of an error which he himself invited, and plaintiff invited it. Bethany Bank v. Cushman, 66 Mo. App. 1'02; State v. Dettmer, 124 M0. 426. (5) Where there is no substantial evidence on which to base the court's order granting a. new trial, and the case is such that a verdict in favor of the party to whom the new trial was granted would not be permitted to stand, the appellate court will set aside the order, even though it was the first new trial given. Ottomeyer v. Pritchett, 178 Mo. 160; Scullin v. Railroad, 184 Mo. 695. NIXON, P. J.--This was an action by Charles Kraemer against F. M. Ward and W. L. Mathews on a promissory note for two hundred dollars, dated October 10, 1900, payable twelve months after date, bearing compound interest, and signed as follows: J. S. Enloe, M. D., F. M. Ward, W. L....show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236929748
  • 9781236929747