Cockrill v. Kirkpatrick
Supreme Court of Missouri
ERROR to Randolph -Circuit Court. The plaintiff insists upon these points to reverse the judgment: L That evidence to prove witness’ understanding ©f the legal effects of a contract, to be. different from the substantial contents of an absent contract, is illegal and incompetent; 7 Mo.
Read the full summary
ERROR to Randolph -Circuit Court. The plaintiff insists upon these points to reverse the judgment: L That evidence to prove witness’ understanding ©f the legal effects of a contract, to be. different from the substantial contents of an absent contract, is illegal and incompetent; 7 Mo. Rep. 515. 2. If defendant has collected money for plaintiff, and a demand is made, and .no payment, a recovery can be had, and for interest from refusal. 3. A demand may be inferred, -and is not to be proven in express terms. 4. When money is tendered and not received, upon suit the plaintiff can recover the…
1Opinion of the CourtMcBkide, J.
Cockrill brought his action before a justice of the peace in Randolph county, against Kirkpatrick, for money collected by the defendant for the plaintiff, where the defendant obtained judgment; from which the plaintiff appealed to the circuit court, where the defendant again having judgment, the defendant sued out his writ of error and has brought his case to this court.
The following is the evidence, as preserved by the bill of exceptions, to-wit: R. Denson testified that he was indebted to Noble on a note : that said note was assigned by Noble to the plaintiff: that above two years ago he…
2Cases cited1 opinion
- Chambers v. GeorgeCourt of Appeals of Kentucky · 1824
3Cited by10 opinions
- In re ClarkSupreme Court of Missouri · 1907
- Moundsville v. FountainWest Virginia Supreme Court · 1885
- Schell v. LelandSupreme Court of Missouri · 1870
- Black v. WardMichigan Supreme Court · 1873
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
5 more not listed; retrieve them via the Exa API.