Stair v. Heska Amone Congregation
Stair v. Heska Amone Congregation
Opinion of the Court
delivered the opinion of the Court:
The bill -of complaint was filed by Stair to recover a reward of $300, offered by defendant Congregation for the “arrest and delivery to the sheriff of Knox county” of one who had at night assailed and brutally beaten, in his store, one of its members, Schwarts, there-being no other present.
Stair sues for the full reward, and was granted by the chancellor a recovery of $100, by way of apportionment for services contributed. The court of civil appeals on appeal denied him any relief, save costs, which were taxed against defendant Congregation. Both sides' have petitioned for writs of certiorari.
The rules governing the interpretation of ordinary contracts are to be applied in the construction of the ¡ published reward; and, however this offer may be conceived of, this policeman, and not Stair, substántially performed the service requisite legally to a demand • of the reward, had he not been precluded by public policy which denies such relief to a regular officer.' If from the facts, known to the Congregation and tcC those seeking to earn the reward, detective skill, initiative, and ingenuity in the discovery of the culprit was primarily demanded, or if, on the other hand, great: danger was to be anticipated in the actual arrest, and the reward, therefore, construed to be paid to him who should brave the danger and effect the capture, John-' son' earned the reward.
“The better rule is that he who is the active and - efficient cause in securing the result described in an offer of reward is 'the one entitled to it. He' is the one who accomplishes the result — who brings it about. It is not the man who, when all else is done, and when ' the accused is, as it were, tied to a stake,-merely performs the letter of the final act without effort, skill,
The act of Stair contributing to the second surrender was not an’“arrest” within the meaning of the offer of reward. The arrest had been made by Johnson and the mere retaking of the culprit in his attempted escape, while immediate and continuous pursuit was being made, did "not constitute a'second arrest; or affect’ Johnson’s right to' the prisoner under the one effective arrest. Cooper v. Adams, 2 Blackf. (Ind.), 294; 2 Hale, P. C., 115; 3 Cyc., 898.
The chancellor was in error in decreeing complainant $100 on apportionment, since his right to so share in the reward depends upon there having been concert of action between him and Policeman Johnson wlien the endeavor was entered upon. Where there is no such concert as to joint efforts, he alone is entitled to the reward who first substantially complies with the terms of the offer. Stroud v. Garrison, 24 Ark., 53; 24 Am. & Eng. Ency. Law (2 Ed.), 959. Complainant, Stair, was brought into the chase' by ■ hearing Johnson’s cry, “Catch him!” and not as an independent searcher.
The court of civil appeals was in error in decreeing complainant his costs, whether of the court below or
Decree of court of civil appeals modified accordingly, and affirmed.
Reference
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