Long v. Story
Supreme Court of Missouri
APPEAL from Clay Circuit Court. 1. The defendant insists upon a reversal of the judgment of the Circuit Court, First, Because the verdict is contrary to law and evidence, (the note sued on not having been read to tlie jury) without which there is no evidence to support the verdict of the jury. Second. Because the court below erred in giving the 2nd instruction. See 2 McCord’s Rep.. 379; Gow, 242. Third.
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APPEAL from Clay Circuit Court. 1. The defendant insists upon a reversal of the judgment of the Circuit Court, First, Because the verdict is contrary to law and evidence, (the note sued on not having been read to tlie jury) without which there is no evidence to support the verdict of the jury. Second. Because the court below erred in giving the 2nd instruction. See 2 McCord’s Rep.. 379; Gow, 242. Third. Because the court below erred in giving the other five instruclions, and more particularly the 4th instruction, (marked 3rd in transcript.) See Gow, 250-1; 13 Ver. Rep., 522, Hackney, Sec. vs.…
1Opinion of the CourtNafton, J.
Elizabeth Story, the surviving administratrix of the estate of Smith Story, deceased, brought an action of assumpsit against John and Ja’s H. Long. The declaration contained two counts; one founded on a note dated 3rd May, 1841, signed “J. & J. Long,” for the payment to plaintiff and one Croysdale, as the legal representatives of said Story, the sum of $564 44, for value received, with ten per cent, interest one day after the date thereof; the other count being for money lent and advanced, &c. The defendant, John Long, (the suit having been discontinued as to James H.) filed three pleas,…
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