Burghart v. Brown
| Decision Date | 31 May 1875 |
| Citation | 60 Mo. 24 |
| Parties | HENRY BURGHART Defendant in Error, v. HIRAM BROWN, Plaintiff in Error. |
| Court | Missouri Supreme Court |
Error to Livingstone Circuit Court.
J. M. Davis, with H. M. Pollard, for Plaintiff in Error.
C. H. Mansur, for Defendant in Error.
This case is in all respects like the case of Snadon's Adm'r vs. Nickell (42 Mo., 169).
In a suit on a note, the only defense was, that the defendant did not execute it, and there was a general verdict for the plaintiff. On this verdict the court entered a judgment for the amount of the note and interest, which it is plain, on the authority of the case cited, could not be done.
The judgment is therefore reversed and the cause remanded.
The other judges concur.
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38 cases
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Home Trust Co. v. Josephson
...error for the trial court to instruct the jury as to the amount of its verdict. Sec. 973, R.S. 1929; Cates v. Nickell, 42 Mo. 169; Burghart v. Brown, 60 Mo. 24; Poulson v. Collier, 18 Mo. App. 604; Ryors v. Prior, 31 Mo. App. 555; Dyer v. Combs, 65 Mo. App. 152; Corbitt v. Mooney, 84 Mo. Ap......
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Sonnesyn v. Akin
... ... Van Benthuysen v. DeWitt (N.Y.) 4 Johns. 213; ... Cates v. Nickell, 42 Mo. 169; Burghart v ... Brown, 60 Mo. 24; Gerhab v. White, 40 N.J.L ... 242; Gaither v. Wilmer, 71 Md. 361, 18 A. 590, 5 L ... R. A. 756, 17 Am. St. Rep ... ...
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Home Trust Co. v. Josephson
...is not mentioned. Wells v. Zallee, was followed in Doud v. Reid, 53 Mo.App. 553 (1893), without noticing the Cates case. But in Burghart v. Brown, 60 Mo. 24 (May 1875), this court followed Cates, Admr., v. Nickell, without discussion and without noticing Wells v. Zallee. In the Burghart cas......
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Johnson v. Grayson
... ... therefor. Hahn v. Bradley, 92 Mo.App. 399; ... Wilson v. Riddler, 92 Mo.App. 335; Leavitt v ... Taylor, 163 Mo. 158; Brown v. Hoffelmeyer, 74 ... Mo.App. 385. (c) Under the evidence it was for the jury to ... say whether Johnson had taken the note as collateral to ... to the jury. [ Corbitt v. Mooney, 84 Mo.App. 645; ... Cates v. Nickell, 42 Mo. 169; Burghart v ... Brown, 60 Mo. 24.] Therefore, even if a peremptory ... instruction had been proper in this case, it should have ... directed the jury to ... ...
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