Wilson v. Huston
Supreme Court of Missouri
EKBOK TO COLE CIKCUIT COUBT. 1. The court erred iu refusing to give and declare the law of the case to he as moved by plaintiffs in each, all and every of their said instructions, which were rejected by the court. 2. The Circuit Court erred in the said three instructions, voluntarily given by the court. 3. The finding of the count was against law and evidence, and the court erred iu refusing to set aside the non-suit and to grant plaintiffs a new trial of the cause under the…
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EKBOK TO COLE CIKCUIT COUBT. 1. The court erred iu refusing to give and declare the law of the case to he as moved by plaintiffs in each, all and every of their said instructions, which were rejected by the court. 2. The Circuit Court erred in the said three instructions, voluntarily given by the court. 3. The finding of the count was against law and evidence, and the court erred iu refusing to set aside the non-suit and to grant plaintiffs a new trial of the cause under the circumstances of the case. 1. The evidence as to the irrelevancy of the maker of the note sued on was immaterial, the…
1Opinion of the CourtNapton, J.
This was a suit against Huston as indorser of a negotiable note, made payable to him by J. W. & P. L. Smith. The case was submitted to the court without a jury. Upon the trial, the plaintiffs read the deposition of one Smallwood, who stated that some time in December, 1843, the defendant, Huston, placed in his hands for collection the note sued on, for •which the witness gave his receipt; that said Huston stated, that he had transferred the note to the plaintiffs ; that the makers of the note resided in Ray county; that the witness (who was a lawyer) immediately instituted suit against the…
2Cases cited2 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Lamb v. DurantMassachusetts Supreme Judicial Court · 1815
3Cited by4 opinions
- Wall Investment Co. v. SchumacherSupreme Court of Missouri · 1939
- Laumeier v. HallockMissouri Court of Appeals · 1903
- Selz v. CollinsMissouri Court of Appeals · 1893
- St. John v. German-American InsuranceMissouri Court of Appeals · 1904