State ex rel. Yeoman v. Hoshaw
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. M. GL McGeegoe, Judge. The oral testimony, admitted by the court, was calculated to do nothing less than to vary, contradict, control, affect, diminish, emasculate and render barren the written contract of the parties.
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Appeal from Lawrence Circuit Court. — Hon. M. GL McGeegoe, Judge. The oral testimony, admitted by the court, was calculated to do nothing less than to vary, contradict, control, affect, diminish, emasculate and render barren the written contract of the parties. That oral testimony cannot be heard to accomplish this, is a principle elementary and constantly reiterated. 2 Kent, 556; 1 Greenl., sec. 275; County v. Wood, 84 Mo. 489; Wislizenus v. O'Fallon, 91 Mo. 184; Pearson v. Carson, 69 Mo. 550 ; George v. Dean, 17 Mo. App. 332; Miller v. Dunlap, 22 Mo. App. 97; Turner v. Railroad, 20 Mo. App.…
1Opinion of the CourtBlack, J.
— For some of the details of this case, reference is made to the opinion filed when it was here before. 86 Mo. 193. In 1854, Wm. H. H. Younger was appointed guardian and curator of John, Ephraim and Margaret Woodrow. Such proceedings were had on the final settlement of the guardian’s accounts that Margaret and her husband, John Forshee, obtained judgment against Younger in December, 1871, for $2,406.80. Judgments were also obtained by the other wards. Forshee and his wife assigned their judgment to Yeoman in April, 1879; and this is a suit by him on the guardian’s bond. The present defendant,…
2Cases cited3 opinions
- Bast v. BankSupreme Court of the United States · 1879
- Pearson v. CarsonSupreme Court of Missouri · 1879
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1885
3Cited by24 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Boyd v. PaulSupreme Court of Missouri · 1894
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
- State v. CunninghamSupreme Court of Missouri · 1900
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