Dyer v. Combs
Missouri Court of Appeals
_Error to the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) ''The court erred in refusing defendant’s third instruction. There was evidence tending to show that defendant, while saying, according to plaintiff’s theory, that he would stand good for the reward, was at most only to be surety that others who had subscribed, or intended to subscribe, would pay the amount.
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_Error to the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) ''The court erred in refusing defendant’s third instruction. There was evidence tending to show that defendant, while saying, according to plaintiff’s theory, that he would stand good for the reward, was at most only to be surety that others who had subscribed, or intended to subscribe, would pay the amount. The promise was not in writing, and even if such' promise was made, the defendant can not be held to answer .for the debt, default, or miscarriage of another person, in the absence of a written agreement or some note…
1Opinion of the CourtEllison, J.
This suit is to recover $500 as a reward alleged to have been offered by defendant.. The plaintiff recovered.
*151The petition alleged, in substance, that the defendant, about November 3, 1890, offered a reward of $500 to any person who would apprehend and arrest one John 0. Turlington, who had previously been convicted of murder in the first degree and had since escaped from the jail of Cooper county, Missouri, where he had been confined. That defendant promised and agreed to pay said sum of $500 to any person who would apprehend and arrest said Turlington. That plaintiff accepted said offer and…
2Cases cited1 opinion
- Poulson v. CollierMissouri Court of Appeals · 1885
3Cited by7 opinions
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- Locher v. KuechenmiesterMissouri Court of Appeals · 1906
- Corbitt v. MooneyMissouri Court of Appeals · 1900
- First National Bank of Waubay v. HeroldSouth Dakota Supreme Court · 1930
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