Heithecker v. Fitzhugh
Supreme Court of Kansas
M°ror from McPherson District Court. Fitzhugh brought this action against Heitheoker to recover $292.40 with interest, which he alleged was money received by the defendant on certain notes left with him for collection by one Thornton. Plaintiff claimed to be the assignee of Thornton.
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M°ror from McPherson District Court. Fitzhugh brought this action against Heitheoker to recover $292.40 with interest, which he alleged was money received by the defendant on certain notes left with him for collection by one Thornton. Plaintiff claimed to be the assignee of Thornton. The controversy between the parties was as to whether or not the notes left by Thornton with the defendant were so left for collection, or whether or not defendant purchased the notes of Thornton, and paid him therefor. Trial at the November term, 1885. Numerous errors are alleged, growing out of the…
1Opinion of the Court
Opinion by
Clogston, C.:
In trials by jury, courts ought to be very careful not to impose an opinion as to the facts in dispute, for it is well recognized that juries have great respect for the opinions of the trial courts, and where such opinions are clearly expressed, a jury rarely if ever returns a verdict in opposition to such expressed opinions. This case shows clearly that the jury were much in doubt about the evidence, and as the court said to the jury in its instructions that it was a question that they would have to decide, “which is right, plaintiff’s or defendant’s theory of the…
2Cited by2 opinions
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