Hovey v. Pitcher
Supreme Court of Missouri
APPEAL PROM JACKSON CIRCUIT COURT. This was an action of assumpsit, brought by Thomas Pitcher against J". Brown Hovey to the March term of the Jackson Circuit Court, 1848. The" declaration contained four special counts and a common count for money paid.
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APPEAL PROM JACKSON CIRCUIT COURT. This was an action of assumpsit, brought by Thomas Pitcher against J". Brown Hovey to the March term of the Jackson Circuit Court, 1848. The" declaration contained four special counts and a common count for money paid. The first count charges that Pitcher, as sheriff of Jackson county was about to offer a reward of three hundred dollars for the apprehension and delivery of John H. Harper (a prisoner who had escaped from custody), at the jail of Jackson county, and that Hovey agreed with Pitcher that if he would offer a reward of $500, instead of $300, that…
1Opinion of the CourtNapton, J.
The principal and most important objection to the judgment in this case arises from the instructions which the court gave on the subject of agency. The defendant introduced proof to show that he made no contract with Pitcher, in relation to the reward offered by the latter for the apprehension and delivery of Harper, and also some evidence to show that, if he made any, it was in the character of an agent for Meredith. The Circuit Court gave two instructions on this subject, one at the instance of plaintiff, and the other asked by the defendant. The latter was correct, the former not.
It does…
2Cited by5 opinions
- Riffe v. ProctorMissouri Court of Appeals · 1903
- Ziegler v. FallonMissouri Court of Appeals · 1887
- McKeen v. Providence County Savings BankSupreme Court of Rhode Island · 1902
- Pitcher v. HoveySupreme Court of Missouri · 1852
- Hatch v. HallWashington Supreme Court · 1907