Ashbrook v. Letcher
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. (1) The verdict was against the evidence, and wholly without evidence to support it; and plaintiffs’ motion should have been sustained upon this point.
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Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. (1) The verdict was against the evidence, and wholly without evidence to support it; and plaintiffs’ motion should have been sustained upon this point. ( 2) That the deposition of defendant, admitted upon and after proof of the death of Mrs. Julia A. Letcher in 1884, was clearly inadmissible, is res adjudícala, since the cases of Meier v. Thieman, 90 Mo. 442; Ring v. Jamison, 66 Mo. 424; Angelí v. Hester, 64 Mo. 142 ; 1 Whart. Ev., sec. 466; Chapman v. Dougherty, 87 Mo. 609 ; 1 Grreenl. Ev., secs. 392, 386, 390.
1Opinion of the CourtRombauer, P. J.
The plaintiffs brought a suit by attachment against the defendant, who is a non-resident, upon two promissory notes. One of the notes was paid by consent, out of the proceeds of the attached property before trial, leaving only the issue to be tried, whether *371the plaintiffs were entitled to recover on the remaining note.
The plaintiffs’ petition states that this note was a negotiable note for six hundred dollars made by the' defendant on April 22, 1875 ; that he thereby promised to pay said sum to Julia A. Letcher, sixty days after date thereof, with interest from maturity at the rate of ten per…
2Cases cited9 opinions
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
- Ring v. JamisonSupreme Court of Missouri · 1877
- McCune v. BeltSupreme Court of Missouri · 1869
- Mechanics' Bank v. WrightSupreme Court of Missouri · 1873
- Hogg v. Breckenridge & FergusonSupreme Court of Missouri · 1849
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3Cited by6 opinions
- Keyser v. HinkleMissouri Court of Appeals · 1907
- McMorrow v. DowellMissouri Court of Appeals · 1905
- Jenkins v. EmmonsMissouri Court of Appeals · 1906
- Johnson v. BurksMissouri Court of Appeals · 1903
- Fink v. HeyMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.