State ex rel. Mastin v. McBride
Supreme Court of Missouri
Appeal from Jasper Circuit Court.—Host. M. G-. McG-regor, Judge. Tbe court committed error in striking out tbe defense that plaintiff’s remedy was restricted to an action on tbe indemnifying bond. State to use, etc., v. Leutzinger, 41 Mo. 500; Goldsoll v. Watson, 30 Mo. 122; Broadley v. Holloway, 28 Mo. 150. Tbe court erred, also, in sustaining the objections to defendant’s testimony, and in directing tbe j ury to find for plaintiff.
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Appeal from Jasper Circuit Court.—Host. M. G-. McG-regor, Judge. Tbe court committed error in striking out tbe defense that plaintiff’s remedy was restricted to an action on tbe indemnifying bond. State to use, etc., v. Leutzinger, 41 Mo. 500; Goldsoll v. Watson, 30 Mo. 122; Broadley v. Holloway, 28 Mo. 150. Tbe court erred, also, in sustaining the objections to defendant’s testimony, and in directing tbe j ury to find for plaintiff. In questions of fraud a wide range is allowed; any fact, however slight, if at all relevant to the issue, is admissible. Bump on Eraud. Convey., pp. 541, 542,…
1Opinion of the Court
Martin, C.
This was an action against a sheriff and his sureties, upon his official bond, for the value of certain zinc ore, seized by him under an execution in favor of one N. M. Barney, and against the North Center Creek Mining and Smelting Company. It is alleged in the petition, that *352said sheriff" seized said ore in August, 1880, and sold the same to plaintiff on the 1st day of September, 1880, as the property of said company, to the damage of plaintiff" in the sum of $2,776, who was the owner thereof at the time of the seizure and sale.
The answer consisted of a general denial of all…
2Cases cited10 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Bradley v. HollowaySupreme Court of Missouri · 1859
- City of St. Louis v. St. Louis RailroadSupreme Court of Missouri · 1886
- Belkin v. HillSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stevens v. SpringerMissouri Court of Appeals · 1886
- State Ex Rel. American Asphalt Roof Corp. v. TrimbleSupreme Court of Missouri · 1932
- State ex rel. Fleming v. HendersonMissouri Court of Appeals · 1900
- State ex rel. Rueseler Motor Co. v. KlausMissouri Court of Appeals · 1953
- Whitney Holmes Organ Co. v. PetittMissouri Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.