Dougherty v. Whitehead
Supreme Court of Missouri
Appeal from, Stoddard Circuit Court. The instruction given by the court below and referred to in the opinion of the court is in these words: “If the jury believe from the testimony in this cause that William A. Whitehead received the notes specified in the receipt mentioned in plaintiff’s petition, and agreed therein to collect said notes or account for the same, then and in that case it devolves upon said Whitehead to account for the same, either in money, the return of…
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Appeal from, Stoddard Circuit Court. The instruction given by the court below and referred to in the opinion of the court is in these words: “If the jury believe from the testimony in this cause that William A. Whitehead received the notes specified in the receipt mentioned in plaintiff’s petition, and agreed therein to collect said notes or account for the same, then and in that case it devolves upon said Whitehead to account for the same, either in money, the return of said notes, or copies of judgments, with the evidence that the money could not be made by the use of reasonable diligence.”…
1Opinion of the CourtScott, Judge
This was an action growing out of a receipt given by the defendant, Whitehead, to the plaintiff, by which the defendant undertook to collect a great many small notes for the plaintiff. After the receipt had been read in evidence, there was some testimony given of a settlement between the defendant and Lemuel H. Jackson, who, it was alleged, was an agent for the plaintiff.
The court gave an instruction defining the liability of the defendant under his receipt, and refused the following instruction asked by the defendant: “ If the jury believe from the testimony that the agent of the plaintiff…
2Cited by9 opinions
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- Noren v. American School of OsteopathyMissouri Court of Appeals · 1928
- Wilson v. HaxbySupreme Court of Missouri · 1882
- Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
- State v. EllisSupreme Court of Missouri · 1921
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