[DOWNLOAD] "Mcdonald v. Peters" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: Mcdonald v. Peters
• Author : Supreme Court of Montana
• Release Date : January 19, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

MONEY LENT, Action for, For Purchase of Cows ? EVIDENCE, Burden of Proof, Admission of Original Complaint ? INSTRUCTIONS, Objections to, Law of the Case ? JURIES, Triers of Fact. 1. Money Lent ? Burden of Proof. In action for money allegedly loaned, plaintiff had burden of proving by preponderance of evidence that he had loaned the money in question to defendant before plaintiff would be entitled to verdict against defendant. 2. Money Lent ? Trial ? Jury must determine credibility of Witnesses. Where action for money loaned was a law case, it was for jury to determine, under trial courts instructions, whether plaintiff had sustained burden of proof and was entitled to verdict and to determine facts and credence to be given witnesses in determining such facts. 3. Money Lent ? Evidence ? Amount and character of proof. In action for money loaned, plaintiff would be entitled to verdict only if he proved alleged loans, not only by preponderance of evidence, but by satisfactory evidence. 4. Money Lent. In action for money loaned, evidence was sufficient to require verdict for defendant. 5. Trial. Whether right or wrong, instructions given constitute law of case, and jury must follow them. 6. Evidence ? Admission of first complaint as evidence held proper. In action by money loaned, plaintiffs original complaint, which showed plaintiffs position therein to be inconsistent with that taken in his amended complaint, and which contained allegations tending to contradict parts of plaintiffs oral testimony, was properly admitted in evidence.

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