Holman v. Bacchus
Missouri Court of Appeals
Appeal from Maries Circuit Court, Hon. A. J. Seay^ Judge. Statement of case by the court. This is an action upon a promissory note, given in-1863, by one S. H Hawkins and the defendant, for the sum of $1,047.50, payable on or before December 9, 1869, to Lazarus Holman, the plaintiff’s testator.
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Appeal from Maries Circuit Court, Hon. A. J. Seay^ Judge. Statement of case by the court. This is an action upon a promissory note, given in-1863, by one S. H Hawkins and the defendant, for the sum of $1,047.50, payable on or before December 9, 1869, to Lazarus Holman, the plaintiff’s testator. A credit of five hundred dollars is endorsed on the-note as of March 1, 1870. Lazarus Holman died in December, 1871. Hawkins died in January or February, 1872. This action was instituted in 1876, for the balance due on. the note. The-only defence was that of payment, and that defence was based upon the…
1Opinion of the CourtHall, J.
The turning point in this case, and the only one which we deem it necessary for us to pass upon, is presented by the action of the trial court in permitting the defendant to introduce testimony concerning the contents of the receipt, purporting to be signed by Lazarus Holman, in the absence of evidence tending to show the genuineness of the signature to the receipt. Was such action by the court correct %
It was not competent for the defendant to introduce evidence as to the contents of a receipt, given by Lazarus Holman, and afterwards lost, without proof that such receipt was, in fact, given…
2Cases cited1 opinion
- Perry's Administrators v. RobertsSupreme Court of Missouri · 1852
3Cited by3 opinions
- Linn v. New York Life InsuranceMissouri Court of Appeals · 1899
- Shea v. SeeligMissouri Court of Appeals · 1901
- Zollman v. TarrMissouri Court of Appeals · 1902