Poulson v. Collier
Missouri Court of Appeals
«. Appeal from Clinton Circuit Court, Hon. Geo. W. Dunn, J. Statement of case by the court. This suit was tried on the following petition: “Plaintiff states that defendant, by his promissory note hereto annexed, dated May 4, 1876, promised, for value received, to pay plaintiff one hundred dollars, six months after the date thereof, with interest from date at the rate of ten per cent, per annum.
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«. Appeal from Clinton Circuit Court, Hon. Geo. W. Dunn, J. Statement of case by the court. This suit was tried on the following petition: “Plaintiff states that defendant, by his promissory note hereto annexed, dated May 4, 1876, promised, for value received, to pay plaintiff one hundred dollars, six months after the date thereof, with interest from date at the rate of ten per cent, per annum. That the interest accruing on said note prior to May 4,1877, has been paid, and that said note and the balance of the interest are yet due plaintiff and for which he asks judgment.” The answer of…
1Opinion of the Court
Opinion by
Hall, J.
1. The defendant is in error in contending that the verdict was invalid by reason of the recital contained therein “under the instructions of the court.”
That portion of the verdict was surplusage. “In practice the jury are not allowed to explain their reasons * * * .” Chitty’s Gen. Prac., Vol. III., p. 920. There is no pretense that the court gave an instruction directing the jury to find the verdict returned by them. This case is, therefore, not within the rule laid down in Perry v. Beard (1 Mo. 637).
The words, “under the instructions of the court,” being mere surplusage,…
2Cases cited14 opinions
- McCune v. BeltSupreme Court of Missouri · 1869
- State ex rel. Webster v. KnightSupreme Court of Missouri · 1870
- Rankin v. HarperSupreme Court of Missouri · 1856
- Leavenworth & Des Moines Railroad v. County Court of Platte CountySupreme Court of Missouri · 1868
- Burghart v. BrownSupreme Court of Missouri · 1875
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3Cited by19 opinions
- State v. HubbsSupreme Court of Missouri · 1922
- Robinson v. LevySupreme Court of Missouri · 1909
- Locher v. KuechenmiesterMissouri Court of Appeals · 1906
- Price v. MerrittMissouri Court of Appeals · 1894
- Ryors v. PriorMissouri Court of Appeals · 1888
14 more not listed; retrieve them via the Exa API.