Corbitt v. Mooney
Missouri Court of Appeals
Appeal from the Bucbanau Circuit Court.—Mon. A. M. Woodson, Judge. (1) The jury alone must calculate the interest and assess the damages. Cates, Adm. of Snadon v. Nickell, 42 Mo. 169; Burghart v. Brown, 60 Mo. 24; Dyer v. Combs, 65 Mo. App. 151; Poulson v. Collier, 18 Mo. App. 583. (2) The instruction ignored facts to be found to make plaintiff’s case, viz., whether Rhodes was dead and Corbitt was duly appointed and qualified and in charge of his estate and the note sued on.
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Appeal from the Bucbanau Circuit Court.—Mon. A. M. Woodson, Judge. (1) The jury alone must calculate the interest and assess the damages. Cates, Adm. of Snadon v. Nickell, 42 Mo. 169; Burghart v. Brown, 60 Mo. 24; Dyer v. Combs, 65 Mo. App. 151; Poulson v. Collier, 18 Mo. App. 583. (2) The instruction ignored facts to be found to make plaintiff’s case, viz., whether Rhodes was dead and Corbitt was duly appointed and qualified and in charge of his estate and the note sued on. Kennedy v. Klein, 19 Mo. App. 19; Helm v. Helm, 52 Mo. App. 618; Bank v. Wingfield, 68-Mo. App. 335; Chipley v. Leath,…
1Opinion of the CourtEllison, J.
This is an action on a promissory note for $300 and interest. The judgment in the trial court was for plaintiff.
Defendant was a surety and admitted the execution .of the note but claimed that he signed it without any consideration long after it had been executed and delivered to the payee. The court instructed the jury at plaintiff’s instance to “find for plaintiff in the sum of five hundred and twenty-two dollars and fifty cents,” unless defendant was found to be a surety signing without consideration. It was the province of the jury to calculate the amount due and the court should not have…
2Cases cited5 opinions
- Poulson v. CollierMissouri Court of Appeals · 1885
- Cates v. NickellSupreme Court of Missouri · 1868
- Burghart v. BrownSupreme Court of Missouri · 1875
- Ryors v. PriorMissouri Court of Appeals · 1888
- Dyer v. CombsMissouri Court of Appeals · 1896
3Cited by10 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Howerton v. Iowa State InsuranceMissouri Court of Appeals · 1904
- Locher v. KuechenmiesterMissouri Court of Appeals · 1906
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
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