interpretation rule in Missouri

2020Boulds, 266 S.W.3d at 850 . 9 “[T]he FTC Holder Rule is unambiguous and, on its face, places no limitation on the types of claims or defenses that a debtor may assert against a creditor-assignee.” Beemus v. Interstate Nat’l Dealer Services, 823 A.2d 979, 984 (Pa. Super. 2003).

2009To the extent prior cases instruct that on appeal the evidence should be viewed in the light most favorable to the decision of the agency, they should no longer be followed.” 136 S.W.3d at 791 . 4 .

1987Louis County Water Co., 563 S.W.2d 522 (Mo.App.1978).

1985Still, the right to disqualify, even under the liberal interpretation of the rule, is not to be used or employed “to produce inconvenience and absurdity.” Ex Parte Cox, 10 Mo. 742 (1847).

1984Missouri Highway and Transportation Commission v. Kersey, supra, l.c. 366[1] — no doubt, because the power of a court to protect its essential ability to function is self-evident as well as rooted.

1960But the burden of proving the very thing that gives rise to his cause of action, the heart of his cause of action, i. e., that the discharge was wrongful remains always upon the plaintiff.” Seizing upon this language, “This record does not compel the decision that any infraction whatever of Rule G is a ‘good and sufficient cause’ * * * in and of itself for discharging a conductor” (Johnson v. Thompson, Mo., 251 S.W.2d 645 , 649 — second appeal), the plaintiff contends that “if defendant argues * * * that one sip is sufficient,” such an interpretation of the rule would be arbitrary, unreasonabl

1959Such an instruction casts upon a plaintiff a much greater burden than the law requires.” See also Grimes v. Red Line Service, Inc., 337 Mo. 743 , 85 S.W.2d 767 ; Bellovich v. Griese, Mo.Sup., 100 S.W.2d 261 , 262; Nelson v. Evans, 338 Mo. 991 , 93 S.W.2d 691, 694 .

1959Such an instruction casts upon a plaintiff a much greater burden than the law requires.” See also Grimes v. Red Line Service, Inc., 337 Mo. 743 , 85 S.W.2d 767 ; Bellovich v. Griese, Mo.Sup., 100 S.W.2d 261 , 262; Nelson v. Evans, 338 Mo. 991 , 93 S.W.2d 691, 694 .

1959Such an instruction casts upon a plaintiff a much greater burden than the law requires.” See also Grimes v. Red Line Service, Inc., 337 Mo. 743 , 85 S.W.2d 767 ; Bellovich v. Griese, Mo.Sup., 100 S.W.2d 261 , 262; Nelson v. Evans, 338 Mo. 991 , 93 S.W.2d 691, 694 .

1959Such an instruction casts upon a plaintiff a much greater burden than the law requires.” See also Grimes v. Red Line Service, Inc., 337 Mo. 743 , 85 S.W.2d 767 ; Bellovich v. Griese, Mo.Sup., 100 S.W.2d 261 , 262; Nelson v. Evans, 338 Mo. 991 , 93 S.W.2d 691, 694 .

1923For although, in inquiry No. 26a, applicant was asked if he had ever had any one of a long list of diseases — among which were included bronchitis and la grippe — or “any other disease,” and appellant answered “No,” yet no defense was predicated on such question or answer, since such was not pleaded. [29 Cyc. 229; Harris v. Knights and Ladies of Honor, 129 Mo. App. 163, 166-167 ; American, etc., Ins.

1904"When, a man makes a will that is fairly susceptible of being construed into a testamentary disposal of his whole estate it will be so construed in preference to construing it to be a case of partial intestacy. [Watson v. Watson, 110 Mo. 164 ; Hurst v. Von De Veld, 158 Mo. 239 ; Willard v. Darrah, 168 Mo. 660 ; RoBards v. Brown, 167 Mo. 447 .] This will was written at the dictation of the testator whose native language was German, yet who could read, write and speak English; the will shows that his social and religious affiliations were German.

1904"When, a man makes a will that is fairly susceptible of being construed into a testamentary disposal of his whole estate it will be so construed in preference to construing it to be a case of partial intestacy. [Watson v. Watson, 110 Mo. 164 ; Hurst v. Von De Veld, 158 Mo. 239 ; Willard v. Darrah, 168 Mo. 660 ; RoBards v. Brown, 167 Mo. 447 .] This will was written at the dictation of the testator whose native language was German, yet who could read, write and speak English; the will shows that his social and religious affiliations were German.

1904"When, a man makes a will that is fairly susceptible of being construed into a testamentary disposal of his whole estate it will be so construed in preference to construing it to be a case of partial intestacy. [Watson v. Watson, 110 Mo. 164 ; Hurst v. Von De Veld, 158 Mo. 239 ; Willard v. Darrah, 168 Mo. 660 ; RoBards v. Brown, 167 Mo. 447 .] This will was written at the dictation of the testator whose native language was German, yet who could read, write and speak English; the will shows that his social and religious affiliations were German.

1904"When, a man makes a will that is fairly susceptible of being construed into a testamentary disposal of his whole estate it will be so construed in preference to construing it to be a case of partial intestacy. [Watson v. Watson, 110 Mo. 164 ; Hurst v. Von De Veld, 158 Mo. 239 ; Willard v. Darrah, 168 Mo. 660 ; RoBards v. Brown, 167 Mo. 447 .] This will was written at the dictation of the testator whose native language was German, yet who could read, write and speak English; the will shows that his social and religious affiliations were German.

1899If the* judgment of the lower court could be satisfied by the payment of money without affecting the .title to real estate, the case would not fall within our jurisdiction under this provision of the Constitution.” And in a more recent case by Beaob, J., the same interpretation of that clause was given. [Rothrock v. Lumber Co., 146 Mo. 57 .] These decisions do not hold, however, that to give this court jurisdiction in such case the title to the land must be settled by the judgment, but that it must be directly affected.