Reynolds v. Rogers

• Decision Date: 31 May 1876
• Citation: Reynolds v. Rogers, 63 Mo. 17 (Mo. 1876)
• Parties: CALEB F. REYNOLDS, Appellant, v. JOHN W. ROGERS, Respondent.
• Court: Missouri Supreme Court

63 Mo. 17

CALEB F. REYNOLDS, Appellant,

v.JOHN W. ROGERS, Respondent.

Supreme Court of Missouri.

May Term, 1876.

Appeal from Carroll Circuit Court.

John L. Mirick, for Appellant.

L. H. Waters, for Respondent.

WAGNER, Judge, delivered the opinion of the court.

This action was brought to recover a balance of $556 20/100 claimed to be due from the defendant to the plaintiff on account of money had and received, &c.

The answer was a denial; and for a further defense it was averred that defendant left cattle with the plaintiff to be sold at not less than $40 80/100 per head; and that they were reasonably worth that sum, and that they were sold at a greater sum, and that they were sold for more than the money paid and advanced to defendant.

There was a trial before a jury upon the simple issue of indebtedness, and the only witnesses were the plaintiff in his own behalf, and the defendant for himself.Verdict and judgment for defendant.

The only question involved is one of fact, and that was exclusively the province of the jury to find.The appellant makes a point upon the instructions, but we cannot see that it is sustained by any substantial ground.

Two instructions were given for him as favorable as he could ask, and the third instruction, which was refused, stated that there was no evidence in the case showing a liability of the plaintiff to the defendant for any stipulated price to be obtained for the cattle.

For the defendantthe court instructed that the burden was upon the plaintiff to...