Link v. Jackson
Decision Date | 12 June 1911 |
Citation | 158 Mo. App. 63,139 S.W. 588 |
Parties | LINK v. JACKSON et al. |
Court | Missouri Court of Appeals |
There is a distinction between a demurrer to the plaintiff's evidence and a directed verdict by the court in plaintiff's favor. To sustain a demurrer to the evidence it is not necessary for the court to pass on the credibility of plaintiff's witnesses. Their credibility is assumed and the probative facts given every reasonable intendment, but a verdict for plaintiff in cases where the burden is on him is not often to be given, even on undisputed testimony, as the jury may not believe the witnesses, and might reach a different conclusion from the inference.
9. TRIAL (§ 140) — DIRECTION OF VERDICT.
Where the petition is denied, and plaintiff has the burden of proof, and has made out a prima facie case by oral evidence, the court has no authority to sustain a demurrer to the evidence, but plaintiff has the right to go to the jury on the credibility of the witnesses and though plaintiff's witnesses are uncontradicted, and defendant offers no evidence at all, the court has no right to direct a verdict, but defendant is entitled to have the jury pass on the credibility of the witnesses.
10. APPEAL AND ERROR (§ 882) — PARTY ENTITLED TO COMPLAIN — ESTOPPEL.
Plaintiff could not complain that the instructions for defendant on good faith in the purchase of a note did not define "good faith" or "bad faith," where the same error was committed in his own instructions.
11. BILLS AND NOTES (§ 538) — BONA FIDE PURCHASERS — INSTRUCTIONS.
Where, in an action on a note, on the ground that plaintiff was not a bona fide purchaser, the only evidence tending to impeach plaintiff's good faith was offered to show that he purchased the same with actual knowledge of the original fraud in the notes, an instruction on good faith should have been confined to such actual knowledge, and an additional clause, "or had knowledge of such facts that his action in taking such notes amounted to bad faith," should have been omitted.
Appeal from Circuit Court, Texas County; L. B. Woodside, Judge.
Action by Ivan Link against J. W. Jackson and another. From a judgment for defendants, plaintiff appeals. Reversed and remanded.
This is an action on a promissory note given to A. H. Willard and indorsed "without recourse." The petition, in addition to the usual allegations, avers that plaintiff is a holder of the note in due course. The answer raises the issue of good faith, and sets up fraud and failure of consideration. A trial below resulted in a verdict and judgment for defendants, and plaintiff has appealed. The answer is in substance as follows:
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Downs v. Horton
...applied in many cases, but is merely declaratory of the common law." The cases cited support this statement. See, also, Link v. Jackson, 158 Mo. App. 63, 139 S. W. 588. Of course, the ruling of a particular court on some particular phase of the law may be found out of harmony with the gener......
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...applied in many cases, but is merely declaratory of the common law.' The cases cited support this statement. See, also, Link v. Jackson, 158 MG. App. 63, 139 S. W. 588. Of course, the ruling of a particular court on some particular phase of the law may be found out of harmony with the gener......
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