Legal Opinion

Citizens' Insurance v. Broyles

Missouri Court of Appeals

Decided January 24, 1899PublishedCited by 2 opinions

Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. The court erred in admitting parol evidence tending to show that defendants were sureties for James M. Newland and his mother. Kenefick v. Type Foundry Go., 72 Mo. App. 381; ITowser v. Newman, 65 Mo. App. 367; Bank v. Terry, 67 Mo. App. 12; Squire v. Evans, 127 Mo. 514 (518); Boyd v. Paul, 125 Mo. 9 (13) ; Tracy v. Union Iron Works, 104 Mo. 193 (198); Daniel, Neg.

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Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. The court erred in admitting parol evidence tending to show that defendants were sureties for James M. Newland and his mother. Kenefick v. Type Foundry Go., 72 Mo. App. 381; ITowser v. Newman, 65 Mo. App. 367; Bank v. Terry, 67 Mo. App. 12; Squire v. Evans, 127 Mo. 514 (518); Boyd v. Paul, 125 Mo. 9 (13) ; Tracy v. Union Iron Works, 104 Mo. 193 (198); Daniel, Neg. Inst., sec. 80. And even if such evidence was admissible it was error, for the court, to permit such proof to be made, through James M. Newland. one of the…

1Opinion of the Court

BLAND, P. J.'

On August 25, 1893, James M. New-land, Catherine Newland, and the defendants, William W. Broyles and A. M. Broyles, signed and delivered to Joseph A. Knox their joint and several promissory notes, whereby they promised to pay said Knox $500 one day after the date thereof, with eight per cent interest thereon. James M. Newland was the son of Catherine Newland. Mrs. New-land was seized in fee simple of four hundred and six acres of land in Lincoln county; in the fall of 1893 she died testate; by her last will she devised her real estate to her four children, James M. Newland, James…

2Cases cited3 opinions

  1. Fulkerson v. ThorntonSupreme Court of Missouri · 1878
  2. Nugent v. CurranSupreme Court of Missouri · 1883
  3. Wallace v. JeckoMissouri Court of Appeals · 1887

3Cited by2 opinions

  1. Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
  2. Meador v. WardSupreme Court of Missouri · 1924

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