Baker v. Stonebraker
Supreme Court of Missouri
Error to Montgomery Circuit Court. I. The court erred in admitting evidence as to John Stonebraker’s business habits and character. Such testimony is never admissible in a civil case, unless the character or habits of the party are directly in issue. No exception is allowed to this rule in suits on contract, even whére it might repel an imputation of fraud.
Read the full summary
Error to Montgomery Circuit Court. I. The court erred in admitting evidence as to John Stonebraker’s business habits and character. Such testimony is never admissible in a civil case, unless the character or habits of the party are directly in issue. No exception is allowed to this rule in suits on contract, even whére it might repel an imputation of fraud. (Gough v. St. John, 16 Wend. 646, 653 ; Attorney General v. Bowman, 2 Bos. & Pul. 532, note a.; 1 Greenl. on Ev. § 54; Lander v. Seaver, 32 Vt. 114, 124; Jacobs v. Duke, 1st ed. Smith, 271; Church v. Drummond, 7 Ind. 17; Jeffries v.…
1Opinion of the CourtHolmes, Judge
This suit, commenced in the St. Charles Circuit Court at the June term, 1859, and transferred by change of venue to the Montgomery Circuit Court, was founded upon a record of a judgment rendered upon confession in the county court of Washington county in the State of Maryland, on the third day of February, 1840, for $1,230.75 debt, together with interest and costs, with a stay of execution for one year, in favor of George McCulloch against John Stonebraker ; and it was afterwards assigned to John Baker, the plaintiff herein.'
The answer set up the defence of payment. There was a trial by jury,…
2Cases cited3 opinions
- Daggett v. TallmanSupreme Court of Connecticut · 1830
- Ross v. DarbySupreme Court of Virginia · 1815
- Goldhawk v. DuaneU.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by32 opinions
- Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Brown v. ParkerWisconsin Supreme Court · 1871
27 more not listed; retrieve them via the Exa API.