McLean v. Rutherford
Supreme Court of Missouri
APPEAL from Randolph Circuit Court. 1. That the evidence of Granville Wilcoxson ought to have been excluded from the jury. 2. That a new trial ought to have been granted. 3. That the instructions of the court, asked by the plaintiff, ought not to have been given. 4. That upon the facts proved, the plaintiff had no right to a recovery. — 3 Mo. Rep., 317. As to the powers of the agent, see 6 John.
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APPEAL from Randolph Circuit Court. 1. That the evidence of Granville Wilcoxson ought to have been excluded from the jury. 2. That a new trial ought to have been granted. 3. That the instructions of the court, asked by the plaintiff, ought not to have been given. 4. That upon the facts proved, the plaintiff had no right to a recovery. — 3 Mo. Rep., 317. As to the powers of the agent, see 6 John. Rep., 69, Van Allen and Another vs. Vanderpool etal.; 6 Cowen, 186, Corlies vs. Cumming. 1. That the defendant was the agent or bailee of the plaintiff, and as such was bound for at least ordinary…
1Opinion of the CourtTompkins, Judge
Shelton Rutherford brought his action in the Circuit Court of Randolph county, against Charles McLean, and having obtained a judgment against him, McLean prosecutes this appeal.
It appeared in evidence, that in December of the year 1838, the defendant, Charles McLean, was about to leave his place of residence in Randolph county, with a drove of mules and horses for the southern market.
A witness of the plaintiff stated, that, on the morning when the defendant started, he assisted the plaintiff, a neighbor of the defendant, in driving to the defendant’s place of residence seven horses, which the…
2Cases cited2 opinions
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