Legal Opinion

Ryan v. Riddle

Missouri Court of Appeals

Decided November 7, 1904Published

Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The circuit court, erred in overruling plaintiff’s objection to the introduction of any evidence in support of the allegations of the second count of defendant’s answer. Cohn v. Lehman, 93 Mo. 583; Nelson v. Brodhack, 44 Mo. 596; McCormick v. Kaye, 41 Mo. App. 263; Crowder v. Searcy, 103 Mo. 97; Rutledge v. Railroad, 110 Mo. 312; Roberts v. Railroad, 43 Mo. App. 287; Soap Works v. Sayers, 51 Mo.

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Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The circuit court, erred in overruling plaintiff’s objection to the introduction of any evidence in support of the allegations of the second count of defendant’s answer. Cohn v. Lehman, 93 Mo. 583; Nelson v. Brodhack, 44 Mo. 596; McCormick v. Kaye, 41 Mo. App. 263; Crowder v. Searcy, 103 Mo. 97; Rutledge v. Railroad, 110 Mo. 312; Roberts v. Railroad, 43 Mo. App. 287; Soap Works v. Sayers, 51 Mo. App. 310. (2) The circuit court erred in permitting the defendant to testify that he had notified Sandefur (in the absence of…

1Opinion of the CourtSmith, P. J.

The petition alleged that the plaintiff entered into an agreement with the defendant whereby the latter promised to pay the former $450 if such former would secure the release of such latter from his obligation as surety for one Brock on certain designated promissory notes amounting to upwards of $1,300; that plaintiff had complied with said agreement on his part and the defendant had not, etc.

• The defendant in the first paragraph of his answer admitted that he was surety for Brock as alleged in plaintiff’s petition and alleged that plaintiff and one Sandefur, a party jointly interested in…

2Cases cited7 opinions

  1. Nelson v. BrodhackSupreme Court of Missouri · 1869
  2. Donnell v. HarsheSupreme Court of Missouri · 1877
  3. Musser v. BrinkSupreme Court of Missouri · 1878
  4. Stillwell v. HammSupreme Court of Missouri · 1888
  5. A. N. Kellogg Newspaper Co. v. FarrellSupreme Court of Missouri · 1886

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