Standard Oil Co. v. Meyer Bros. Drug Co.
Missouri Court of Appeals
Appeal from the Gentry Circuit Court.—Hon. Gallatin Craig, Judge. (1) The information was not in its nature private. It was a statement of a fact of a public character well known to numerous other parties. Hence it did not come within either the spirit or the letter of the rule. Schaaf v. Fries, 77 Mo. App. 34-6; Deuser v. Walkup, 43 Mo. App. 625; Tyler v. Hall, 106 Mo. 313; Deuser v. Hamilton, 52 Mo.
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Appeal from the Gentry Circuit Court.—Hon. Gallatin Craig, Judge. (1) The information was not in its nature private. It was a statement of a fact of a public character well known to numerous other parties. Hence it did not come within either the spirit or the letter of the rule. Schaaf v. Fries, 77 Mo. App. 34-6; Deuser v. Walkup, 43 Mo. App. 625; Tyler v. Hall, 106 Mo. 313; Deuser v. Hamilton, 52 Mo. App. 394. Nor can the client, himself, upon cross-examination, decline to testify concerning such communications. Weinstein v. Neid, 25 Mo. App. 50. (2) Instruction number 2 for defendant is…
1Opinion of the CourtSmith, P. J.
By reference to 74 Mo. App. 446, it will be seen Hi at this case was here on another occasion. The judgment which was for plaintiff was there reversed and cause remanded, since which time there has been another trial resulting in judgment for defendant, from which plaintiff has appealed. The general statement appearing in the report of the former case will suffice for this. The complaint now made relates to the action of the court in the giving of instructions for the defendant. It is insisted that the court erred in directing the jury to exclude from its consideration al! the evidence…
2Cases cited4 opinions
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Schaaf v. FriesMissouri Court of Appeals · 1898
- Deuser v. WalkupMissouri Court of Appeals · 1891
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1898
3Cited by4 opinions
- State v. RossSupreme Court of Missouri · 1926
- Payne v. KingMissouri Court of Appeals · 1910
- Bullock v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Bradley v. CampbellMissouri Court of Appeals · 1908