Murphy v. Carron
- Decided
- May 5, 1976
- Docket
- 59167
- Status
- Published
- Jurisdiction
- Missouri
Cited 7,357 timesNo negative treatment found in this library
What later courts said
- holding that, in judge-tried cases, the judgment will be affirmed unless it is not supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law — Cohen v. Express Financial Services, Inc. (2004)
- holding a trial court’s judgment will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law — Baisch & Skinner, Inc. v. Jeffrey G. Bair d/b/a Grimm & Gorley, d/b/a J. Sent, Inc., and First Bank (2016)
- defining a loan as “the delivery of a sum of money to another under a contract to return at some future time an equivalent amount. . . .” (internal quotations and citation omitted) — Aly v. Hanzada for Import & Export Company, LTD (2019)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
DONNELLY, Judge.
In this court-tried case, Lucille Y. Murphy seeks to recover money which she asserts was loaned by her to Cecelia Carrón and Paul Carrón. The trial court entered judgment in favor of plaintiff and against defendants in the amount of $9,100. The Carrons appealed to the St. Louis District of the Court of Appeals, which affirmed. The cause was transferred here by order of this Court. We decide the cause “the same as on original appeal.” Mo.Const., Art. V, § 10.
We ordered the transfer of this case and two other cases (In re Novak, Mo., 536 S.W.2d 33; and Roth v. Flieg, Mo., 536 S.W.2d 39) primarily to consider and put to rest as soon as possible questions which have arisen about the scope of review in court-tried civil cases since the revision of our Rule 73.01, effective January 1, 1975.
Cite this
Murphy v. Carron, 536 S.W.2d 30 (1976)Read the full opinion
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