Wiley v. Morse
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. The court-erred in permitting the plaintiff to testify as a witness-in the canse.
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Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. The court-erred in permitting the plaintiff to testify as a witness-in the canse. The effect of the ruling of the court was to permit the plaintiff, who was the only surviving party to the notes who was cognizant of the facts connected with them,, to testify in his own favor, as to facts material to the issues, when the lips of the deceased party, who alone could have opposed his testimony to • that of plaintiff, were sealed by death. There was no mutuality, and hence no admissibility. Williams' Adm'r *. Perhins, 83 Mo. 379…
1Opinion of the CourtThompson, J.
In the year 1878 the defendant and one Barrows were equal partners in the business of keeping a country store. On the twenty-sixth of September, 1878, Barrows executed a negotiable promissory note for three hundred dollars, in favor of Thomas J. Wiley, signing the firm name, thereto, and Thomas J. Wiley ^endorsed the same to this plaintiff. The transaction was had entirely with the plaintiff, and Thomas J. Wiley was a mere conduit through which the note passed to the plaintiff. On the eighteenth of October, 1878, Barrows executed another promissory note for two hundred and fifty dollars, in…
2Cases cited6 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Stanton v. RyanSupreme Court of Missouri · 1867
- Nugent v. CurranSupreme Court of Missouri · 1883
- Williams v. PerkinsSupreme Court of Missouri · 1884
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