68 Mo. App. 571 | Mo. Ct. App. | 1897
Plaintiff sued defendant for $968, and interest since May 12,1888, being the sum represented by two notes which defendant executed and delivered to plaintiff. Judgment was given for plaintiff on a trial before the court without the aid of a jury. The petition is voluminous and the facts are too numerous and complicated to permit of their being stated
Plaintiff’s petition alleges that he was misled, misinformed, and deceived by defendant’s actions and conduct and that defendant was endeavoring by his line of action to secure the cancellation of his said notes without paying them and that he succeeded in so inducing plaintiff into such a line of action as had that result. The prayer is for judgment for a sum which equals the amount of the notes and interest.
Defendant fails to set out evidence in his own behalf but concedes that since the court found for plaintiff the evidence in behalf of the latter must be accepted as true. The answer consists of a general denial of the petition and the affirmative defense that the notes of Glover were given to plaintiff and afterward sold by plaintiff to Askew and afterward sold back to plaintiff by Askew, plaintiff agreeing as part of the consideration to release Glover from all personal responsibility. Now plaintiff’s evidence is sufficient to justify the finding for him; unless the defendant’s defense is made out. The court in finding for plaintiff, we must assume, found it was not. And there is nothing in the abstract to show that such finding has no foundation. If all stated in plaintiff’s petition is true, he is entitled to recover. The evidence is sufficient to support the court’s finding thereon. There is
In short, the evidence shows enough to prevent us from saying the court had no authority to find for plaintiff; and on the other hand the evidence for defendant is not of such character as to justify us in saying that the court should have found in favor of the agreement set up by defendant.
We must, therefore, affirm the judgment.