Kirk v. Sportsman
Supreme Court of Missouri
Appeal from Livingston County Common Pleas. This suit was not on the bond of appellant as constable, and clearly respondent’s cause of action did not accrue until he made demand of appellant for the money he had collected.
1Opinion of the CourtWagner, Judge
The jury were the proper judges to determine the weight and reliability of the evidence, and by their verdict for the plaintiff they must have found that the plaintiff placed the note in the hands of the defendant, a constable, for collection, and that he collected the money and failed to pay it over. There is no objection to the instructions when taken together. They presented the law fairly enough. The whole question was principally one of fact, and one clear and intelligent instruction would have sub-.served the purpose of enlightening the jury far better than .the confused mass offered by…
2Cases cited1 opinion
- State ex rel. Winburn v. MinorSupreme Court of Missouri · 1869
3Cited by6 opinions
- Shelby County v. BraggSupreme Court of Missouri · 1896
- State ex rel. Matney v. SpencerSupreme Court of Missouri · 1883
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1886
- Schaeffer v. BerneroMissouri Court of Appeals · 1882
- State ex rel. Eagle v. LidwellMissouri Court of Appeals · 1882
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