Norvell v. Cooper
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby. Judge. The children and heirs of deceased, A. Cooper, Sr., were incompetent witnesses on the part of respondent, for the reason that A. Cooper, Sr., being dead, and they being his heirs and beneficiaries of his -estate, have such pecuniary interest as to render them incompetent as witnesses.
Read the full summary
Appeal from Pike Circuit Court. — Hon. David H. Eby. Judge. The children and heirs of deceased, A. Cooper, Sr., were incompetent witnesses on the part of respondent, for the reason that A. Cooper, Sr., being dead, and they being his heirs and beneficiaries of his -estate, have such pecuniary interest as to render them incompetent as witnesses. A. Cooper, Sr., being dead closes the mouth of the plaintiff, and appellant urges that the law also closes the mouths of the sons and daughters and son-in-law of deceased. Under the common law none of these parties were competent witnesses. 1 Greenleaf…
1Opinion of the CourtCaulfield, J.
This suit originated in the probate court of Pike county as a demand against the estate of Alexander Cooper, Sr., deceased, founded upon a negotiable promissory note for fifteen hundred dollars, alleged to have been made by Cooper. during his lifetime to his daughter, the plaintiff. An appeal was allowed and taken from the decision of the probate court to the circuit court. At the trial in the circuit court, two men, engaged in the banking business, familiar with the handwriting of the decedent, gaye testimony tending to prove the execution of the note by him. There*448upon the note was admitted,…
2Cases cited6 opinions
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- McKee v. DowningSupreme Court of Missouri · 1909
- Weiermueller v. ScullinSupreme Court of Missouri · 1907
- Ehrhardt v. StevensonMissouri Court of Appeals · 1907
- Smith v. BrinkleyMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Bergerson v. General Insurance Co. of AmericaMissouri Court of Appeals · 1937
- Craig v. NorwoodIndiana Court of Appeals · 1915
- Peoples Bank v. Aetna Casualty & Surety Co.Missouri Court of Appeals · 1930
- Arnold v. Brotherhood of Locomotive Firemen & EnginemenMissouri Court of Appeals · 1937
4 more not listed; retrieve them via the Exa API.