McGonigle v. Daugherty
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. John ~W. Henry, Judge. This was an action of replevin. It was conceded by defendant that the property in controversy had at one time belonged to plaintiff, but he alleged that plaintiff, who was an aged man, had proposed to him that if he would leave his home in Ireland and come with his family to Knox county, Missouri, and there live with plaintiff, upon his farm, and take care of and support him, plaintiff, as long as he lived, he,…
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Appeal from Adair Circuit Court. — Hon. John ~W. Henry, Judge. This was an action of replevin. It was conceded by defendant that the property in controversy had at one time belonged to plaintiff, but he alleged that plaintiff, who was an aged man, had proposed to him that if he would leave his home in Ireland and come with his family to Knox county, Missouri, and there live with plaintiff, upon his farm, and take care of and support him, plaintiff, as long as he lived, he, plaintiff, would give him all his property; that he had accepted the proposition and carried it out on his part, and that…
1Opinion of the CourtNorton, J.
Defendant seeks a reversal of tbe judgment in this case beca.use of alleged error committed by tbe court in giving improper instructions on the part of plaintiff, and refusing proper instructions asked by defendant. The following are the instructions given by the court on the part of plaintiff:
1. The court instructs the jury that before they can find for defendant, Daugherty, they must first believe from the evidence that plaintiff, McGfonigle, did sell and deliver, or give and deliver, to defendant the property in question.
2. That although they may believe from the evidence plaintiff’ may…
2Cases cited3 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Davis v. BrownSupreme Court of Missouri · 1878
- Crutchfield v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1876
3Cited by14 opinions
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- Louisville, New Albany & Chicago Railway Co. v. ShiresIllinois Supreme Court · 1884
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
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