McCollum v. Graber

Frank McCollum, as plaintiff, filed action against appellees, as defendants, to recover tbe amount of $238, tbe proceeds of a U. S. government check alleged to bave been stolen from tbe plaintiff, and cashed by tbe defendants, who in turn received tbe money thereon from the U. S. Government. At the conclusion of all of the evidence, the trial court instructed a verdict for the defendants. Should the court have submitted the case to the jury? That is the only question involved on this appeal.

The rule is well established that in determining on appeal the correctness of the trial court’s action…