Conran v. Sellew
Supreme Court of Missouri
Appeal from St. Louis Cowrt of Common Pleas. Plaintiff alleges in his petition that on the 28th of October, 1854, he executed his promissory note to O. E. Labeaume for $416.25, payable sixty days after date; that this note was endorsed by said Labeaume and by A. & A. Wood & Co.; that said note while the property’of A. & A. Wood & Co. was by said firm deposited with Sellew & Co. as collateral security for a sum of money borrowed by said A. & A. Wood & Co. of Sellew & Co.;…
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Appeal from St. Louis Cowrt of Common Pleas. Plaintiff alleges in his petition that on the 28th of October, 1854, he executed his promissory note to O. E. Labeaume for $416.25, payable sixty days after date; that this note was endorsed by said Labeaume and by A. & A. Wood & Co.; that said note while the property’of A. & A. Wood & Co. was by said firm deposited with Sellew & Co. as collateral security for a sum of money borrowed by said A. & A. Wood & Co. of Sellew & Co.; that afterwards the money for which the note was deposited as a security was fully paid and A, & A. Wood & Co. became…
1Opinion of the CourtRichaRdson, Judge
The twelfth section of the tenth article regulating practice in civil cases (R. C. 1855, p.'1261) provides that “ an issue of fact in an action for the recovery of money only, or of specific real or personal property, must be tried by a jury, unless a jury trial be waived, or a reference orderedand the thirteenth section directs that “ every other issue must be tried by the court, which, however, may take the opinion *322of a jury upon any specific question of fact involved therein by an issue made up therein for that purpose, or may refer it.” These provisions manifestly make a distinction…
2Cited by14 opinions
- McCoy v. McCoySupreme Court of Oklahoma · 1911
- Danielson v. GudeSupreme Court of Colorado · 1887
- Wendover v. BakerSupreme Court of Missouri · 1894
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
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