Levy v. Hawley
Supreme Court of Missouri
APPEAL from Buchanan Circuit Court. 1. James Edgar-was an incompetent witness for the plaintiff below. 1st: He was a party to the record. — The Commonwealth vs. Marsh, 10 Pick. Rep., 38; Supervisors of Chinango vs. Berdall, 4 Wend. Rep., 453-57; Lampton vs. Lampton’s Executors, 6 Mo. Rep., 619. 2d: He was directly interested in holding Levy jointly liable with himself to the payment of the note.— Brown vs. Brown, 4 Taunt. Reports, 752; Ripley vs. Thompson, 22 Eng.
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APPEAL from Buchanan Circuit Court. 1. James Edgar-was an incompetent witness for the plaintiff below. 1st: He was a party to the record. — The Commonwealth vs. Marsh, 10 Pick. Rep., 38; Supervisors of Chinango vs. Berdall, 4 Wend. Rep., 453-57; Lampton vs. Lampton’s Executors, 6 Mo. Rep., 619. 2d: He was directly interested in holding Levy jointly liable with himself to the payment of the note.— Brown vs. Brown, 4 Taunt. Reports, 752; Ripley vs. Thompson, 22 Eng. Com.Law Rep., 89; Marquand vs. Webb.,16 Johns. Rep.,89; Miller vs. Hale, Dudley’s Rep., 119, cited in 3 Phil. Ev., 1521. 2. The…
1Opinion of the CourtNaeton, J.
Hawley sued Levy, John and James A- Edgar, before a justice of the peace, on the following note : — “ Six months after date, we promise to pay Stephen Hawley, or order, one hundred and fifty dollars, for value received, bearing ten per cent, interest per annum until paid. — 18th May, 1841.”
(Signed) “J. & J. A. Edgar & Co.”
Levy and James Edgar were served witl^ process, but John Edgar was returned non est inventus. A trial was had before the justice, and the plaintiff obtained a judgment, from which Levy appealed to the Circuit Court, and the other defendants not joining in th§ appeal, there…
2Cited by2 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Coons v. GreenSupreme Court of Missouri · 1845