Legal Opinion

Lovejoy v. Atchison, Topeka & Santa Fe Railroad

Missouri Court of Appeals

Decided April 3, 1893PublishedCited by 7 opinions

Appeal from the Buchanan Circuit Court. — Hon. Henby M. Ramey, Judge. (1) A reward for the “ apprehension and conviction” of the perpetrator of a crime is not earned unless the person claiming the reward has either by himself or his agent arrested the perpetrator and secured the evidence necessary for a conviction. Jwiiata Co. v. McDonald, 15 Atl.

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Appeal from the Buchanan Circuit Court. — Hon. Henby M. Ramey, Judge. (1) A reward for the “ apprehension and conviction” of the perpetrator of a crime is not earned unless the person claiming the reward has either by himself or his agent arrested the perpetrator and secured the evidence necessary for a conviction. Jwiiata Co. v. McDonald, 15 Atl. Rep. 696; Shuey v. United States, 92 H. S. 73; Fverman v. Hyman, 28 N. E. Rep. 1022; Aclciir v. Cooper, 24 Tex. 548; Burke v. Wells, Fargo Co., 50 Cal. 218; Plantin v. Young. 11 Rich. S. 0. 546; Jones v. Bank, 4 Seld. 228; Reinhart v. City of…

1Opinion of the CourtSmith, P. J.

— This is an action by plaintiff against defendant to recover a reward offered by the latter. The petition alleged that defendant by publicly posted notices offered a reward of $1,000 for the apprehension and, conviction of each of the parties who fired into its train at Cooledge, Kansas, and that plaintiff apprehended and- caused and procured to be apprehended and convicted one of said parties who fired into defendant’s train, etc. The answer was a general denial. There was judgment for plaintiff and defendant appealed.

The facts which the evidence tends to prove are that, in the year 1883,…

2Cases cited5 opinions

  1. Vigo Agricultural Society v. BrumfielIndiana Supreme Court · 1885
  2. United States v. LandersSupreme Court of the United States · 1876
  3. First National Bank of Madison v. HartIllinois Supreme Court · 1870
  4. County of Juniata v. McDonaldSupreme Court of Pennsylvania · 1888
  5. Rinehart v. City of LancasterSupreme Court of Pennsylvania · 1886

3Cited by7 opinions

  1. James v. TurilliMissouri Court of Appeals · 1971
  2. Smith v. Vernon CountySupreme Court of Missouri · 1905
  3. Niedermeyer v. Curators of the University of MissouriMissouri Court of Appeals · 1895
  4. McClaughry v. KingCourt of Appeals for the Eighth Circuit · 1906
  5. Tobin v. McCombCourt of Appeals of Texas · 1913

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