Hoover v. Shackleford
Thomas B. Hoover v. Charles C. Shackleford
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Mr. Justice Fisher
delivered the opinion of the court.
There is no question of law in this case requiring our decision. Some of the instructions asked by the plaintiff, as mere abstract questions of law, were correct; but under the testimony the court committed no error in refusing them.
*521 The verdict is fully sustained by the evidence. Indeed, we are of opinion that the plaintiff failed in proving his case. Under the agreement of defendant, the plaintiff should have proved that the makers of the note, which defendant undertook to collect, were able to pay it, or some part thereof; and that a failure to collect resulted from the gross negligence of the defendant. The plaintiff’s proof does not come up to this standard, and therefore did not sustain his case.
Judgment affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.