Rea v. Ferguson

Citation72 Mo. 225
PartiesREA v. FERGUSON, Appellant.
Decision Date31 October 1880
CourtUnited States State Supreme Court of Missouri

Appeal from Andrew Circuit Court.--HON. H. S. KELLEY, Judge.

AFFIRMED.

Giddings & Booher for appellant.

NORTON, J.

This is a suit by plaintiff, as administrator of P. L. Hudgens, deceased, to recover balance alleged to be due on a promissory note of defendant. It appears from the record that defendant also had pending in the Andrew circuit court a suit against the plaintiff as administrator, to recover an account claimed to be due him from the estate of said Hudgens. The two suits, by agreement, were consolidated, and upon the trial plaintiff obtained judgment for $143, from which defendant appeals to this court. We are asked to reverse the judgment on the ground that the verdict of the jury is against the evidence in that it only allows a part of defendant's account, which was treated on the trial as an off-set, and on the further ground that there was no evidence upon which to base the following instruction given by the court: “If you find that the services sued for by defendant were rendered as a gratuity, without any intention at the time of charging for the same, you should not allow for such service, and whether said services were intended as a gift or were rendered without any intention of charging for them, may be determined from all the evidence in the case

As to the first point made it may be disposed of with the observation that it has been repeatedly held that where there is any evidence to support a verdict and judgment, that this court will not disturb it simply because it appears to be against the weight of evidence. Price v. Evans, 49 Mo. 396; Penn v. Lewis, 12 Mo. 161.

The objection made to the action of the court in giving the third instruction, is not well taken. The record shows that there was evidence to the effect that defendant was a son-in-law o the deceased, and that during the illness of the deceased defendant visited and administered to him, not as a physician, but as a friend, and also that there was no charge made on his books at the time the services sued for were rendered, and that the note in question was given after said services were rendered, and that defendant, on two distinct occasions, promised to pay without setting up any claim for services. This we think was sufficient to authorize the instruction.

Judgment affirmed, in which all concur.

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21 cases
  • First National Bank of Mexico v. Ragsdale
    • United States
    • Missouri Supreme Court
    • 24 Diciembre 1902
    ...there is slight evidence to sustain it. Watts v. Douglass, 10 Mo. 676; Coudy v. Railroad, 85 Mo. 79; Price v. Evans, 49 Mo. 396; Rea v. Ferguson, 72 Mo. 225. (7) There was error materially affecting the merits of the case and the verdict is for the right party, and therefore the judgment of......
  • De Lassus v. Faherty
    • United States
    • Missouri Supreme Court
    • 29 Junio 1901
    ...trial court was correct on the evidence. Minton v. Steele, 125 Mo. 190; Fahy v. Gordon, 133 Mo. 426; Bray v. Kremp, 113 Mo. 552; Rea v. Ferguson, 72 Mo. 225; In an action ejectment, a finding of the facts has the effect of a special verdict. Freeman v. Moffit, 135 Mo. 269. The weight of the......
  • Pruitt v. Illinois Southern Railway Company
    • United States
    • Missouri Court of Appeals
    • 21 Febrero 1910
  • Swon v. Stevens
    • United States
    • Missouri Supreme Court
    • 29 Marzo 1898
    ... ... weight of the evidence. Nor will the Supreme Court pass upon ... the weight of the evidence, nor determine its credibility ... where it is conflicting, but will defer to the conclusions of ... the trial court having the witnesses before it. Rea v ... Ferguson, 72 Mo. 225; Methudy v. Ross, 81 Mo ... 481; Anderson v. Griffith, 86 Mo. 549. (4) In a case ... like this it was incumbent on the defendant to prove to the ... satisfaction of the court, first, the existence of the ... agreement asserted in the answer; second, that through the ... ...
  • Request a trial to view additional results

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