Kincheloe v. Priest
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. (1) The verdict of the jury was against the evidence. (2) Instructions numbers one, two, three, four and five should have been given as offered by appellant. (3) Instruction number ten, given by the court of its own motion, and number twelve, given for defendant, were not in accord with the law applicable to the evidence.
Read the full summary
Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. (1) The verdict of the jury was against the evidence. (2) Instructions numbers one, two, three, four and five should have been given as offered by appellant. (3) Instruction number ten, given by the court of its own motion, and number twelve, given for defendant, were not in accord with the law applicable to the evidence. (4) The note executed by Kincheloe to Green, and read in evidence by defendant, was incompetent. (5) The making of the contract; delivery of the notes, and the acceptance of the notes for collection, and the…
1Opinion of the CourtBlack, J.
The plaintiff, in 1867, before leaving this state, gave to the defendant’s testate, Green, fourteen notes, and took a receipt therefor, in which it is ■stated that the notes are to be collected and accounted for. Green died in 1882, and plaintiff filed an account in the probate court, giving a list of the notes and ■stating that he did not know whether the notes had been collected; that they could have been collected, and if not, deceased suffered them to become barred by the ■statute of limitations; that deceased was to have five per cent, for his services, and that the estate owed him, etc.
T…
2Cases cited3 opinions
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Huxley v. HartzellSupreme Court of Missouri · 1869
- Newell v. NewellMississippi Supreme Court · 1857
3Cited by8 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Yazoo & Mississippi Valley Railroad v. HughesMississippi Supreme Court · 1908
- Texas Midland R. Co. v. Cummer Mfg. Co.Court of Appeals of Texas · 1918
- Casey v. DonovanMissouri Court of Appeals · 1896
- Horton v. Terminal Hotel & Arcade Co.Missouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.