Clark v. Loker
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1. The verdict of the jury was directly against the second instruction given by the court on defendant’s motion, and for this reason should have been set aside; for the evidence of Dodge was express to the agreement mentioned in that instruction, and was uncontradicted by any other evidence. 2. The verdict was also against the instruction marked 7, and given on defendant’s motion, for no express contract with the plaintiff was proved or…
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ERROR to St. Louis Circuit Court. 1. The verdict of the jury was directly against the second instruction given by the court on defendant’s motion, and for this reason should have been set aside; for the evidence of Dodge was express to the agreement mentioned in that instruction, and was uncontradicted by any other evidence. 2. The verdict was also against the instruction marked 7, and given on defendant’s motion, for no express contract with the plaintiff was proved or pretended, and it was directly proven by Jenks, the plaintiff’s witness, that he was interested in the Cairo money with the…
1Opinion of the CourtMcBride, J.
Loker brought his action of assumpsit by attachment against Clark ¡a *98the Circuit Court of St. Louis county. The declaration contained the common counts. Publication having been made, the defendant came in, entered his appearance to the action and filed his pleas. At the April term, 1847, the cause came on for trial, when the plaintiff gave evidence conducing to show, that he together with several others, in the fall of 1842, being possessed of notes on the Cairo bank, which was then greatly below par, the hank having stopped payment, learning that there was a. possibility of making a part of…
2Cited by3 opinions
- Terry v. HickmanMissouri Court of Appeals · 1876
- Territory v. NugentSupreme Court of Louisiana · 1810
- Odell & Frink v. Gray & Co.Supreme Court of Missouri · 1851