Nolley v. Callaway County Court
Supreme Court of Missouri
APPEAL from Callaway Circuit Court. 1st. The testimony offered of Nolley’s embarrassed and broken condition in 1839-40-41, and up to the execution of the bond sued on, was legal, competent and pregnant proof to establish the main issue in the cause that the defaults of Nolley, if any, were committed anterior, and not subsequent to the bond.
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APPEAL from Callaway Circuit Court. 1st. The testimony offered of Nolley’s embarrassed and broken condition in 1839-40-41, and up to the execution of the bond sued on, was legal, competent and pregnant proof to establish the main issue in the cause that the defaults of Nolley, if any, were committed anterior, and not subsequent to the bond. There is ample proof given to show a prior commingling of the public and private funds by Nolley; at least, the jury had sufficient to warrant them in so finding — that being so — his being frequently dunned — his inability to pay small demands so…
1Opinion of the CourtNapton, J.
This was a suit upon the official bond of Daniel Nolley and his securities, as Treasurer of Callaway county, for an alleged default. The plea of the defendants was non estfactum, and under this it was agreed that the plaintiff might give in evidence any matter showing a right of recoyery on the bond, and the defendants any matter constituting a legal defence.
*450The plaintiff obtained a verdict for $7,167 46, which the court refused to set aside, and the defendants appealed.
On the trial, the plaintiff gave the following evidence :
1. The appointment and official bond of Nolley as Treasurer, of the…
2Cases cited1 opinion
- Tompkins v. SaltmarshSupreme Court of Pennsylvania · 1826
3Cited by14 opinions
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- Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
- State ex rel. Buchanan County v. SmithSupreme Court of Missouri · 1858
- State v. MooreNebraska Supreme Court · 1898
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