Foley v. Jones
Supreme Court of Missouri
Error to Clay Circuit Court. Plaintiff could not bring his suit until he knew he had a right of action; and the improper act of defendant prevented his knowing it.
Read the full summary
Error to Clay Circuit Court. Plaintiff could not bring his suit until he knew he had a right of action; and the improper act of defendant prevented his knowing it. (2 W. S., 920, § 24; Arnold vs. Scott, 2 Mo., 14 ; Harper vs. Pope, 9 Mo., 402 ; The First Massachusetts Turnpike Corporation vs. Field, et al., 3 Mass., 201 ; Homer vs. Fish, et al., 1 Pick., 435 ; Titus Wells, Exe’r, &c., vs. Fish & Winsor, 3 Pick., 74 ; Stephens vs. St. Louis National Bank, 43 Mo., 388 ; Angell on Limitations, §186.) Where an improper act of defendant prevents the commencement of an action against him, he cannot…
1Opinion of the CourtWagner, Judge
This was an action brought against the defendant, who was formerly Sheriff of Clay County, for making a false return.
The petition states in substance that on the 22nd day of April, 1860, plaintiff and others became bound as indorsers on a note for one Michael B. Rice, for the sum of two hundred dollars, which was negotiated to the Farmers’ Bank of Missouri; that on the 22nd day of March, 1866, said bank instituted suit on said note against said parties and.against, the plaintiff; that summons was issued in said cause and placed in the hands of the defendant, then Sheriff of Clay County, on…
2Cited by12 opinions
- Shelby County v. BraggSupreme Court of Missouri · 1896
- State Ex Rel. Bier v. BiggerSupreme Court of Missouri · 1944
- State ex rel. Bell v. YatesSupreme Court of Missouri · 1910
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Wells v. HalpinSupreme Court of Missouri · 1875
7 more not listed; retrieve them via the Exa API.