Legal Opinion

Moffitt v. Hereford

Supreme Court of Missouri

Decided February 18, 1896PublishedCited by 27 opinions

Appeal from St. Louis Gownty Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) The court erred in permitting G-eo. L. Edwards to .testify as an expert. First, because this is not a case for expert testimony; and, second, because his examination did not show him to be an expert as to the value of this kind of stock.

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Appeal from St. Louis Gownty Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) The court erred in permitting G-eo. L. Edwards to .testify as an expert. First, because this is not a case for expert testimony; and, second, because his examination did not show him to be an expert as to the value of this kind of stock. Hewitt v. Steele, 118 Mo. 474; Brinkerhoff, etc., Co. v. Home Lumber Co., 118 Mo. 447; Sistara v. Olcott, 15 N. Y. St. Rep. 246, 42 Ohio, 30. (2) The court erred in allowing Moffitt and others to testify as-to what in their judgment this stock could be sold for, though they admitted…

1Opinion of the CourtMaceablane, J.

This proceeding grows out of a final settlement, filed in the probate court of the city of St. Louis, December 13, 1892, by appellant, as administrator of J. A. Pozzoni, deceased.

By his final settlement the administrator asked credit for $9,000, commission on one hundred and eighty shares of stock in the J. A. Pozzoni Medicated Complexion Powder Company, which he had distributed to the heirs. Samuel Moffitt, as guardian of two of the heirs of deceased, objected to the allowance of this credit. The credit was allowed by the probate court and the guardian appealed to the circuit court, where,…

2Cases cited5 opinions

  1. Dana v. . FiedlerNew York Court of Appeals · 1854
  2. McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
  3. Hewitt v. SteeleSupreme Court of Missouri · 1893
  4. Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
  5. Glover v. HollidaySupreme Court of Missouri · 1891

3Cited by27 opinions

  1. Loth v. LothSupreme Court of Minnesota · 1949
  2. State ex rel. Boswell v. CurtisMissouri Court of Appeals · 1960
  3. Linders v. LindersSupreme Court of Missouri · 1947
  4. Kansas City & Grandview Railway Co. v. HaakeSupreme Court of Missouri · 1932
  5. Berry v. Federal Kemper Insurance Co.Missouri Court of Appeals · 1981

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