Orthwein v. Nolker
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court. — Hon. Vital W. Garesche, Judge. (1) The burden of proof to show facts which might render a witness incompetent rests upon those who assert incompetency; for all witnesses “are presumed to be competent, until the contrary appears.” 3 Phillipps on Evid. (5 Am.
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Appeal from. St. Louis City Circuit Court. — Hon. Vital W. Garesche, Judge. (1) The burden of proof to show facts which might render a witness incompetent rests upon those who assert incompetency; for all witnesses “are presumed to be competent, until the contrary appears.” 3 Phillipps on Evid. (5 Am. Ed.) pp. 13, 35; Freleigh v. State, 8 Mo. 611; King’s Lake Dist. v. Jamison, 176 Mo. 570; Whit-, man v. Foley, 125 N. Y. 659. Disqualification of a witness must clearly appear in order to exclude him. Nearpass v. Oilman, 104 N. Y. 506. (2) There.is no testimony to disqualify Max R. Orthwein; no…
1Opinion of the CourtDavid E. Blair, J.
This case originated in the Probate Court of the City of St. Louis as a demand against the estate of Louis T. Nolker, deceased. The claim was allowed in that court, and on appeal to the circuit court judgment was rendered in favor of the defendant, disallowing said claim, and plaintiff has appealed. The claim is based on the following note:
“St. Louis, December 19th, 1907.
“$5000.00
“One year after date I promise to pay to the order of Caroline Orthwein five thousand and no/100 dollars. For value received negotiable and payable without defalcation or discount with interest at the rate of six per…
2Cases cited7 opinions
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- State Bank v. BartleSupreme Court of Missouri · 1893
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- Overland Auto Co. v. WintersSupreme Court of Missouri · 1919
- Belch v. RobertsMissouri Court of Appeals · 1915
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3Cited by6 opinions
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- Wall Investment Co. v. SchumacherSupreme Court of Missouri · 1939
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