Johnson v. Briscoe
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — lío». E. B. McKee, Judge. (1) The court erred in overruling defendant’s motion to excludelhe testimony of witness, Mr. Brown, in re-cross examination, as to the milking of the cows and the work that Mrs. Briscoe may have done and performed around the house; and asked to he stricken out because incompetent, irrelevant and immaterial. The court erred in giving instruction “A” on its own motion, because it does not correctly declare the law.
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Appeal from Lewis Circuit Court. — lío». E. B. McKee, Judge. (1) The court erred in overruling defendant’s motion to excludelhe testimony of witness, Mr. Brown, in re-cross examination, as to the milking of the cows and the work that Mrs. Briscoe may have done and performed around the house; and asked to he stricken out because incompetent, irrelevant and immaterial. The court erred in giving instruction “A” on its own motion, because it does not correctly declare the law. The husband, and not the' neighbors, controls and adopts his manner and style of living. Santer and Adams v.…
1Opinion of the CourtGoode, J.
This controversy is over the purchase price of a gold watch which was bought by the defendant’s wife from the plaintiff, a dealer in general merchandise in the town of Argola, in Lewis .county. A long account, ranging over a year or two and made up of items of merchandise purchased and payments made by the defendant, was filed. The defendant paid for all the items of the bill except the watch. He refused to pay for that, asserting that it was bought by his wife and without authority.
The defendant is a farmer in moderate circumstances ; worth four or five thousand dollars. He had been married…
2Cases cited11 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Cunningham v. ReardonMassachusetts Supreme Judicial Court · 1868
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Cromwell v. BenjaminNew York Supreme Court · 1863
- Arnold v. AllenNew York Court of Common Pleas · 1880
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3Cited by4 opinions
- Riggs v. MetcalfSupreme Court of Missouri · 1958
- County of Audrain v. MuirSupreme Court of Missouri · 1923
- Donnelly v. CommissionerUnited States Board of Tax Appeals · 1938
- Donnelly v. CommissionerUnited States Board of Tax Appeals · 1938