First National Bank v. Stanley
Missouri Court of Appeals
Appeal from, the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The court below erred in the admission of illegal, irrelevant and incompetent evidence on the part of the defendant. Merri.de v. Phillips, 58 Mo. 436; Hamilton v. Maries, 63 Mo. 167, at 175. Much of this evidence objected to is hearsay, and inter alios acta, so far as plaintiff is concerned, and all of it irrelevant and immaterial.
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Appeal from, the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The court below erred in the admission of illegal, irrelevant and incompetent evidence on the part of the defendant. Merri.de v. Phillips, 58 Mo. 436; Hamilton v. Maries, 63 Mo. 167, at 175. Much of this evidence objected to is hearsay, and inter alios acta, so far as plaintiff is concerned, and all of it irrelevant and immaterial. O' Neil v. Grain, 67 Mo, 250; Fongue v. Burgess, 71 Mo. 389 ; 1 Grreenl.Ev. [ 4 Ed. J secs. 171, 190 ; State v. Whelehon, 102 Mo. 17, at 23; Shirts v. Overjohn, 60 Mo. 305, at 310-311;…
1Opinion of the CourtGill, J.
This is an action on a promissory note, negotiable in form, for $175, executed by defendant on August 22, 1889, and payable to H. A. Eberle, M. D., on or before April 22, 1890. Plaintiff’s title to the note comes by virtue of an alleged assignment from Eberle to Bohart and Bohart to it, all made as it is claimed for value in good faith and before maturity. The defense rests upon a claim of a fraud practiced on defendant Stanley by Eberle ; that said Eberle at the date of the note came to the defendant at his farm in LaFayette county, and negotiated with defendant in reference to curing him…
2Cases cited8 opinions
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- Johnson v. McMurrySupreme Court of Missouri · 1880
- Shirt v. OverjohnSupreme Court of Missouri · 1875
- Walbrunn v. BallenSupreme Court of Missouri · 1878
- Craig v. ZimmermanSupreme Court of Missouri · 1885
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3Cited by20 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Local Finance Company v. CharltonMissouri Court of Appeals · 1956
- Clark v. EvansCourt of Appeals for the Eighth Circuit · 1895
- Kalamazoo National Bank v. ClarkMissouri Court of Appeals · 1893
- Law v. CrawfordMissouri Court of Appeals · 1896
15 more not listed; retrieve them via the Exa API.